|
 |
|
Terms and conditions for customers
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 "the customer") as a registered or free user of P2Market services ("services") defined below.
This agreement, in addition to any rules, policies, price schedules, or other supplementary documents expressively incorporated herein by reference, and published occasionally 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.
|
Definitions
Copyright owner ("owner") is a person or a company which owns the copyright of a file.
|
P2Market services
P2Market offers the following services:
P2Market website
Customers can register online, update their registration data, add money to their account, check their account status, request a money transfer and check the statistics of other customer's transactions.
P2Market networks
This service allows the customer to download and share files legally. This service is provided indirectly when the customer uses any of P2Market enabled client software for any P2P (file-sharing) networks.
|
Privacy Policy
P2Market conducts a clear and transparent policy concerning its customer's private data. No data will be stored buy P2Market without specific notification. On the other hand, the customer is able to check his personal information stored in P2Market database at any moment. P2Market handles all personal information provided safely and with great respect.
|
Customer 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 the use of your account by others.
|
Customer 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 P2P-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; (5) files that you share can be uploaded to the server of P2Market for identification.
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 compromise or disrupt the service for you or other customers; or (2) Your use of the service contradicts any applicable local, national, or international laws and regulations.
You must: (1) maintain the security of your customer 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 you notifying P2Market of such use and taking steps to prevent further occurrence.
|
Modifications to Services
P2Market reserves the right to modify or discontinue any of the services with or without notifying you. P2Market shall not be liable to you or any third parties should P2Market exercise its right to modify or discontinue its services.
|
Member Account, Security.
As one step of the registration process, you will be required to provide an email address (which is used as your login) and to select a password. You may change your password and set a password after logging on 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 notify P2Market immediately of any unauthorized use of your account or any other breach of security known to you.
|
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 occasionally 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.
|
Modifications to Customer Agreement
P2Market may automatically amend this agreement at any time by (a) posting a revised customer agreement on the P2Market website, and/or (b) sending information regarding the amendment to the email address you provide to P2Market. You are responsible to regularly review 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.
|
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 express or imply any 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, and 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.
|
Charges
You agree to pay all charges for your use of P2Market Services at the prices defined in section Prices. 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.
Payment of your P2Market account balance must be made by the credit or debit card or by bank transfer.
To view your current account balance, along with billing details and any accumulated charges, please click on "Account" after logging in to the P2Market Website.
There are no activation fee and monthly service fees.
When a customer (buyer) downloads a file in the P2Market network he pays another customer, who is sharing/selling the file (seller). The seller defines the price of file himself (MYPRICE). The restrictions for price are defined below.
The buyer pays a transaction sum. This sum will be shared between the customer-seller, 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. Selling price (defined by customer-seller) of file can not be less than COPR. COPR is paid to owner. It is paid from any transaction. It can be 0 (zero) if owner defined it as such (in this case customer does not pay COPR). If the seller sets the price higher than the COPR, then the full selling price is composed of COPR and the 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 the 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 the percentage of the transaction sum and is 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€. Therefore:
| 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.
|
Prices
Download price. Before download starts user defines download price. This price is maximum price that user ready to pay for fixed amount of downloaded bytes of information. This amount is the size of the file. Final price that user pays can differ from download price.
1. Paid price is less than download price. This happens when there are sources with selling price less than download price defined by user-buyer.
2. Paid price is more than download price. If network problems, software errors or other reasons cause client software download more bytes of information than the size of file than paid price can be higher than download price. For example if a part of a file in process of download was corrupted or if it was occasionally or on purpose deleted by user, client software must download such a part one more time and this causes additional expenses.
You agree that "download price" is a price for fixed amount of downloaded bytes of information and that "paid price" can differ from "download price".
The only fee defined by P2Market is P2Market-tax (P2MTX). For definition and rate of P2MTX see section "changes". Prices may be amended occasionally.
|
Payment
P2Market reserves the right to suspend or terminate your P2Market account without notice upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments made to P2Market when P2Market believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to P2Market.
|
Money transfer
P2Market can transfer money from P2Market user account to USER'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 user account. Transfer fee is 2€.
|
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.
|
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
|
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.
|
|
