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Terms of Service for Copyright Owners
This agreement, which governs the terms and conditions of your use of P2Market Services, is between P2Market ltd. ("we" or "P2Market") and you ("you" or "Owner") as a registered or free user of P2Market Copyright Owners-services ("Services") defined below.
This agreement, together with any rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference, and published from time to time by P2Market, constitutes the entire agreement between P2Market and you regarding P2Market services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement.
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Definitions
P2Market user ("user") is a registered user of P2Market services. The product is a copyright subject that can be identified by name or other parameters. The file is a digital representation of a product. For each product there may be many files which represent this product. We say "his product" in the case when the owner has copyright of the product. We call it "his file" or "file belonging to the owner" in the case when the owner has copyright of the product represented by the file.
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P2Market Services
P2Market offers following Services:
P2Market website
The owner can register online, update registration data, check his account status, request money transfers. The owner can add in database of P2Market new products (his products), declare ownership of a copyrighted file, permit or forbid distribution of his file in P2Market networks, define distribution parameters for each of his files, define distribution licenses for each of his files, check trading statistics for his products and files.
P2Market system (not used by owners directly)
R2Market system controls data-transfer transactions in P2Market networks and transfers money from accounts of users to accounts of owners, system searches for files in P2P networks and registers them in P2Market DB so owners can regulate the distribution of these files.
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Privacy Policy
P2Market conduct clear and transparent policy concerning private data. No data will be stored buy P2Market without special notification. From the other side owner is able to check any moment his personal information stored in P2Market database.
P2Market handles the personal information you provided safely and with great respect.
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Owner Representations
You represent and warrant that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of the Services as well as for use of your account by others.
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Owner Responsibilities
You are fully responsible for the observance of this Agreement.
You agree: (1) not to use the Services for illegal purposes; (2) not to interfere with functioning of the Services; (3) to comply with all regulations, policies and procedures of P2Market-networks connected to the Services; (4) not to use the Services to infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity or privacy.
You are fully responsible for correct declaration your copyright ownership of the file. P2Market proposes owner to decide, if the copyright of a file belongs to him, the final decision is made by owner only and owner is fully responsible for this decision.
P2Market reserves the right to take any action with respect to the Services that P2Market deems necessary or appropriate in its sole discretion if P2Market believes that: (1) Your activities compromises or disrupts the Service for you or other Owners; or (2) Your use of the service contradicts any applicable local, national, or international laws and regulations.
You must: (1) maintain any security of your Owner identification, and other confidential information relating to your P2Market account and (2) be responsible for all charges resulting from use of your P2Market account, including unauthorized use prior to your notifying P2Market of such use and taking steps to prevent its further occurrence.
Owner permits P2Market to store copies of his files for file identication needs and for backup independent on statements of distribution license for the file.
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Modifications to Services
P2Market reserves the right to modify or discontinue any of the Services with or without notice to you. P2Market shall not be liable to you or any third party should P2Market exercise its right to modify or discontinue the Services.
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Member Account, Security.
As part of the registration process, you will be required to provide an email address (which is used as login) and select a password. You may change your password and set a password after logging in to the P2Market website. You are entirely responsible for any failure to maintain the confidentiality of your password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify P2Market of any unauthorized use of your account or any other breach of security known to you.
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Termination
Either you or P2Market may terminate your P2Market account at any time, with or without cause, upon notice. Any such notice by you to P2Market must be in accordance with P2Market's verification procedures, as such procedures may be established and changed by P2Market from time to time at its sole discretion, and which may include the requirement that you contact P2Market by phone to confirm that any such notice was in fact sent by you. P2Market also reserves the right to terminate or suspend your P2Market account without prior notice, provided that P2Market will attempt to confirm such termination or suspension by subsequent notice.
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Modifications to Owner Agreement
P2Market may automatically amend this Agreement at any time by (a) posting a revised Owner Agreement on the P2Market Website, and/or (b) sending information regarding the amendment to the email address you provide to P2Market. You are responsible for regularly reviewing the P2Market website to obtain timely notice of such amendments. You shall be deemed to have accepted such amendments by continuing to use P2Market Services after such amendments have been posted or information regarding such amendments has been sent to you. Otherwise, this Agreement may not be amended except in writing signed by both you and P2Market.
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Disclaimer of Warranties and Limitation of Liability
A. P2Market and all other P2Market software and services are provided "as is," and neither P2Market nor any of its licensors or service providers makes any express or implied representations or warranties to you regarding the usability, condition or operation thereof. P2Market does not warrant that access to or use of services will be uninterrupted or error-free, or that P2Market software or services will meet any particular criteria of performance or quality. P2Market and each of its licensors and service providers expressly disclaim all implied warranties, including without limitation, warranties of meRchantability, title, fitness for a particular purpose, non-infringement, compatibility, security or accuracy.
B. Your use of P2Market and all other P2Market software and services is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files or other material (including P2Market software) obtained either directly or indirectly from P2Market. You agree that neither P2Market nor any of its licensors or service providers will be liable for damages (including consequential or special damages) arising out of your use of or inability to use P2Market or any other P2Market software or services, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if P2Market or any such licensor or service provider has been advised of the possibility of damages.
The entire liability of P2Market and its licensors and service providers and your exclusive remedy with respect to the use of Services or any breach of this agreement are limited to the amount actually paid by you for services. You hereby release P2Market and each of its licensors and service providers from any and all obligations, liabilities and claims in excess of this limitation.
P2Market shall not be held responsible in any way or by any means, either directly or indirectly, for any communications difficulties outside of P2Market's control which would lead to the interruption of data delivery.
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Charges
You agree to pay all charges for your use of P2Market Services at the prices then in effect for your country of residence. All charges will be exclusive of value added ("VAT"), sales or other taxes, except as required by law. P2Market reserves the right to change prices or institute new charges for access to or use of P2Market. All changes will be posted by P2Market at the P2Market Website and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of P2Market Services or non-termination of your P2Market account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.
Certain portions of the Service or the Service as a whole may require a prepaid fee ("Prepaid Fee"), which may be modified from time to time in P2Market's sole discretion. The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance.
To view your current account balance, along with billing details and any accumulated charges, please click on "Profile" after logging in to the P2Market Website.
Your registration fee is payable in advance and is COMPLETELY NON-REFUNDABLE.
P2Market charge you for each transaction P2Market-tax (P2MTX) as 10% from your trade income. You agree, that the P2Market-tax will be withdrawn by P2Market automatically from you income directly in moment of transferring money for this data-transfer transaction.
Trading costs. 5 % are subtracted from the received income. It is the price of use of a credit card by P2Market users. Thus charges for credit cards pass to the one who receives money.
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Trade income
When a customer (buyer) downloads a file in P2Market network he pays another customer, who is sharing or selling the file (seller). The seller defines the price of the file himself (MYPRICE). Restrictions for pricing are defined below.
The buyer pays the transaction sum. This sum is shared between the customer and seller, and the copyright owner and P2Market. Fees to copyright owner:
(1) minimum price (copy-price, COPR). It is defined in Euro. It is defined by the file's owner for each file. The selling price (defined by customer or seller) of file can not be less than the COPR. The COPR is paid to the owner. It is paid from any transaction. It can be 0 (zero) if the owner defined as such (in this case the customer does not pay the COPR). If the seller sets higher price than the COPR, then the full selling price is composed of COPR and an additional price (ADDPR), i.e. MYPRICE=COPR+ADDPR.
(2) copy-tax (COTX). It is defined in percentage of the additional price (ADDPR). It is defined by file's owner for each file. It is paid from any transaction where the full price is higher than the COPR (MYPRICE>COPR). It can be 0 %(zero percent) if the owner defined it as such (in this case the customer does not pay COTX).
Fee to P2Market :
(3) P2Market-tax (P2MTX). It is defined in percentage of the transaction sum and fixed at 10%. It is defined by P2Market. It is paid from any transaction.
Following table represents accounting :
| Buyer | - MYPRICE |
| Seller | +(MYPRICE-COPR)*(100%-COTX%)*90% |
| Owner | +(COPR+(MYPRICE-COPR)*COTX%)*90% |
| P2Market | + MYPRICE*10% |
For example there is a file "ABC-music.mp3"
Owner defines COPR=0.2€, COTX=25%. Customer-seller defines price as MYPRICE=1€. Than we have :
| Buyer | -1€ |
| Seller | +0.54€ |
| Owner | +0.36€ |
| P2Market | +0.1€ |
(4) Trading costs. 5 % are subtracted from the received income. It is the price of use of a credit card by P2Market users. Thus charges for credit cards pass to the one who receives money.
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Money transfer
P2Market can transfer money from P2Market owner account to OWNER's bank account once a month (last day of month). Transfer can be done only in case if there is 50€ or more on P2Market owner account. Transfer fee is 2€.
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Indemnification
You agree to indemnify P2Market and each of its licensors and service providers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon use of your P2Market account, including any violation of this Agreement by you or any other person using your account, any claim of libel, defamation, violation of rights of privacy or publicity, any loss of service by other customers, any infringement of intellectual property or other rights of any third parties, and any violation of any laws or regulations prohibiting transmission of permitted digital data.
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General Terms
This agreement and your use of P2Market Services is subject to English Law. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. P2Market's failure to act with respect to a breach by you or others does not waive P2Market's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. P2Market shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond P2Market's reasonable control.
P2Market cannot be held responsible for any loss, damage or injury caused by or attributed to the service. It cannot accept any responsibility for loss of earnings, hardship or any other financial claim for damages through the use of the service
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Notices and Consent
Notices given by P2Market to you will be given by email or by a general posting on the P2Market website, or by postal delivery. In any matter requiring P2Market's prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of P2Market. Notices given by you to P2Market must be given by email or by postal delivery. Notices to P2Market by postal delivery must be sent to P2Market Ltd., P.O.Box 366, CH-6210 Sursee, Switzerland.
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