King of Piano Terms and Conditions of Use

Effective as from 26 November 2009

This document (the ”Agreement”) is a legally binding agreement between you and Game-n-Gain AB (“GNG”) that governs your use of GNG’s software application King of Piano (”KOP, as defined below” ), both available at the Game-n-Gain site and via partner sites. KOP may be assessed as a monthly, 3-monthly or yearly subscription to an advertisement version, or a version of the Premium Service without ads but with sponsors. Both versions are collectively referred to as the “KOP Service”. Please note that you must read and agree to the terms and conditions of this Agreement before you use the KOP Software Application or the KOP Service. If you do not agree to the terms and conditions of the Agreement, you may NOT use the KOP Software Application or the KOP Service.

1. Contract formation

By ticking the “I agree” box or pressing the “I Accept” button when creating a KOP account or by using the KOP Software Application (including but not limited to the downloading of said application) or the KOP Service, you confirm that you are 18 years of age or more, or that you have received your parent’s or guardian’s consent to enter into this Agreement, that you have your residence in one of the countries in which KOP provides the KOP Service, that any registration information that you submit to KOP is true, accurate and complete, that you will update such information in order to keep it current, and that you agree to the terms and conditions of this Agreement and the KOP Privacy Policy.

2. Changes to the Agreement

KOP reserves a right to make changes to this Agreement at its sole discretion. Any material changes will be posted on the KOP website and it is your responsibility to check the website for such postings from time to time. The continued use of the KOP Software Application or the KOP Service after the posting of changes to this Agreement will constitute an acceptance of such changes.

3. Grant of license

KOP grants you a limited, trial, non-exclusive, revocable license to make personal non-commercial use of the KOP Software Application and the KOP Service and to receive by stream the media content made available through the KOP Service in your home country. You do not have a right to transfer or sublicense your rights under this Agreement.

4. Purchase of the KOP Paid for Service

By ticking the “I agree” box or pressing the “I Accept” button you agree to pay the fee for access to the applicable KOP Paid for Service. Such fee will be charged to the credit card you have designated as the credit card to be billed for your purchase. By designating a credit card to be billed, you confirm that you are authorised to make such purchase and that you are the holder of such credit card (i.e. that the credit card is issued in your name). All prices stated on the KOP website are inclusive of VAT and other applicable taxes and fees.
KOP accepts VISA and MasterCard as forms of payment.

5. Prices

GNG reserves the right to change the price for the KOP Paid for Service at any time. Such changed price will take effect after the expiry of the then-current paid for period (i.e. the term that you have already paid for). Any new prices will be posted on the KOP website and it is your responsibility to check the website for such postings from time to time. If you do not wish to be bound by such changed price relating to your Premium Service you may terminate your subscription of your Premium Service in accordance with what is stated in the Section of Term and termination. The continued use of the KOP Paid for Service after the posting of a new price constitutes an acceptance of such new price.

6. Automatic subscription renewal

Your subscription to the Premium Service will automatically renew at the end of each subscription term unless you terminate your subscription prior to the end of such subscription term in accordance with what is stated in the Section of Term and termination. The renewed subscription will have the same duration as the subscription being renewed (one month, one year etc.). At the time of renewal the credit card you have designated to be billed for the purchase of the Premium Service will automatically be billed with the applicable amount.

7. Cooling-off period

When you log in to the KOP Paid for Service after having purchased such service you have started to use the KOP Paid for Service. You agree and understand that once you have started using the KOP Paid for Service you will not have a right to cancel or withdraw from your purchase of such service.

8. Restrictions of use

For the avoidance of doubt, you agree that you may not (without limitation):
copy, reproduce, “rip”, record, make available to the public or otherwise use any part of the KOP Software Application or the KOP Service or its content (including but not limited to tracks, images and text) in a manner not expressly permitted under this Agreement;
provide your password to any other person or use any other person’s user name and password;
reverse-engineer, decompile, disassemble, modify or create derivative works based on the KOP Software Application or the KOP Service or any part thereof;
circumvent any technology used by KOP or its licensors to protect content accessible through the KOP Software Application and KOP Service;
rent or lease any part of the KOP Software Application or the KOP Service;
use the KOP Software Application or the KOP Service in a way that violates the terms of this Agreement;
and circumvent any territorial restrictions applied by KOP.

In addition to the above, you agree to take all reasonable care to prevent unauthorized use of the KOP Software Application and the KOP Service and its content.

9. Advertising and use of computational resources

As consideration for your rights under this Agreement, you agree that (i) KOP and its business partners have a right to provide advertising and other information to you in relation to the KOP Software Application and the KOP Service, and that (ii) KOP/GNG has a right to allow the KOP Software Application and the KOP Service to utilize the processor, bandwidth and storage hardware on your computer or other relevant device for the limited purpose of facilitating the communication and transmission of content and other data or features to you and other users of the KOP Software Application and the KOP Service, and to facilitate the operation of the network on which the KOP Software Application and the KOP Service runs.

10.Customer support

If you have any questions concerning the KOP Software Application, the KOP Service or this Agreement, please contact KOP customer service by visiting the web site.

11. Term and termination

This Agreement will become effective in relation to you when you have ticked the “I agree” box when creating a KOP account or when you start using the KOP Software Application or the KOP Service and will remain effective until terminated by you or KOP. You may cancel your subscription of the Premium Service at any time by visiting the web site which termination shall have effect at the expiry of the then-current subscription period that you have already paid for (e.g. one month, one quarter or a year). This means that KOP will not refund any remaining portion of subscription fees you have already paid for. KOP reserves the right to terminate this Agreement or suspend your KOP account at any time in case of unauthorized, or suspected unauthorized, use of the KOP Software Application or the KOP Service. If KOP terminates this Agreement, or suspends your KOP account, for any of the reasons set forth in this section, KOP shall have no liability or responsibility to you, and KOP will not refund any amounts that you have previously paid.

12. No warranty

The use of the KOP Software Application and the KOP Service (including but not limited to its content) is at your own risk. The KOP Software Application and the KOP Service is provided on an “as is” and “as available” basis. There is no warranty, expressed or implied, as to the quality, content and availability or fitness for a specific purpose of the KOP Software Application or the KOP Service. In addition, KOP does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party on or through the KOP Service or any hyperlinked website, or featured in any banner or other advertising. Consequently KOP will in no way be responsible for any transaction between you and third-party providers of products or services advertised on or through the KOP Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from KOP shall create any warranty on behalf of KOP in this regard.

13. Limitation of liability

In no event shall KOP, its affiliates, officers, directors and employees be liable for any indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption, computer failure or pecuniary loss) arising out of the use of or inability to use the KOP Software Application or the KOP Service (including but not limited to its content), including any damages resulting therefrom.

Your only right with respect to any problems or dissatisfaction with the KOP Software Application and the KOP Service is to uninstall the KOP Software Application and to stop using the KOP Service.

14. Indemnity

You agree to indemnify and hold KOP and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable attorney fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of any laws, regulations or third party rights.

15. Intellectual property

KOP respects intellectual property rights, and expects you to do the same. Please note therefore that the KOP Software Application, the KOP Service and the content provided through the KOP Service is the property of KOP or KOP’s licensors and protected by intellectual property rights (including but not limited to copyright) and that you do not have a right to use the KOP Software Application or the KOP Service (including but not limited to its content) in any manner not covered by the Agreement.

Further, you may not remove or alter any copyright, trade mark or other intellectual property notices contained on or provided through the KOP Software Application or the KOP Service.

If you publish music (both audio and video), it’s your responsibility to only publish material that you have the full user rights to. By publishing your work you agree that KOP may use it for marketing. KOP doesn’t claim copyright.

16. Technology limitations and modifications

KOP will make reasonable efforts to keep the KOP Software Application and the KOP Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. KOP reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the KOP Software Application and the KOP Service with or without notice.

17 Privacy

You agree that KOP has a right to collect and process your personal information.
KOP has the right to shut down any misuse of membership, without repaying any money, due to misbehavior in the KOP community – that include videos and comments of rascist or sexual content. It’s forbidden to try to access other members’ KOP accounts and will result in termination of membership – with no money back.

18. Assignment by KOP

KOP has a right to assign this Agreement or any part thereof without restrictions.

19. Entire agreement

This Agreement constitutes all the terms and conditions agreed upon between you and KOP and supersedes any prior agreements, whether written or oral. Any additional or different terms or conditions in any written or oral communication from you to KOP are void. You agree and accept that you have not accepted the terms and conditions of this Agreement in reliance of or to any oral or written representations made by KOP not contained in this Agreement.

20. Severability

Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.

21. Governing law and disputes

This Agreement shall be governed and construed in accordance with the substantive laws of Sweden. Any dispute, controversy or claim arising out of or in connection with this Agreement will be subject to the jurisdiction of the courts of Sweden, Stockholm District Court being the court of first instance.

22. English version prevails

In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.

Copyright © 2009 Game-N-Gain AB. All rights reserved.
Game-N-Gain AB, Kaptensgatan 7, Stockholm.