User Agreement

1. Introduction

Filehill is a digital marketplace where registered users can sell and buy digital files. By registering on the File Hill, you agree to this Agreement and agree that you will comply with the conditions specified in the Agreement.

2. Definitions

In this Agreement the following terms shall have the definition set out below.

3. Registration

To sell or buy digital files on Filehill, a person needs to register and become a user. A user of the service must be at least 18 years old, if he or she is a physical person. Registration is done by filling out the form 'Create Account'. The user must select a username and password.

A user may only use his/her own account and is solely responsible for the actions done with that account. The user is also responsible for not transfering the account to another person or let others use the account. The username and password should not be handed over to others. It is the user's responsibility to ensure it does not occur. As soon as a user has reason to believe that the username and password have been revealed to someone else, the user is responsible for immediately changing to a different password. A user may only create one account per legal entity.

Features of the service may be updated, modified, removed or discontinued at any time. Filehill is not liable for changes in the service. Notice of changes to the service will be provided on the website.

4 User rights and duties

Filehill is under no circumstances responsible for the digital material that the user has published via the service. Filehill is only the facilitator of the service and is not a party in the transactions that occur through the Service. The user is solely responsible for the digital material which he/she publishes. The user is solely responsible for his/her copyright, publishing rights and sales rights to the digital material published on the service. Filehill does not control the material in advance and has no obligation to remove material unless there is suspicion of illegal activity or the responsible authority demands that such removal shall take place.

The digital material that the user publishes to the service must not conflict with Norwegian, Swedish or international law or otherwise deemed offensive, indecent or objectionable. For example, the digital material may not contain:

1. incitement towards an ethnical group or other statements that are offensive to different groups of people, such as homosexuals or handicapped,
2. violence;
3. pornography;
4. chain letters or the like;
5. addresses, phone numbers or email addresses of individuals or other information that involves privacy intrusions;
6. advertising for commercial goods or services;
7. spam, viruses, trojans or the like, as well as
8. information that in any way violates confidentiality.

In cases where there are identifiable individuals in the digital material that a user lists, the is responsible to obtain permits for publication from these individuals.

Titles, file descriptions, ad images, or preview images or such that the user uploads to the service should not be misleading or deceptive/incorrect. The user name, user image and other information associated user account shall also not be deceptive, misleading or incorrect. Users may not, using pictures and/or using other information, pretend to be someone other than themselves.

The user should provide an accurate description of the digital files that he/she lists. The user is solely responsible for the description of the digital files and Filehill can not be held responsible or liable for errors in a description or file. The user must specify a price for the digital files that are listed. The user has the right to change this price at any time, without this giving rise to any compansation from Filehill, another user or any third party. The user is required to select a licensetype that shall apply to the digital file. The user may not upload the same or substantially similar file more than once. The user may not list a file that is purchased on Filehill for resale as their own ad on Filehill.

All digital material that the user publishes shall be either language independent or in Swedish, Norwegian or English.

A user may publish a maximum of 1GB of digital material on the Service.

A user may not act in a way that corrupts the service, interrupts it or makes it less efficient. The user may not attempt to manipulate or abuse the service or act in a way that creates an unreasonable burden on the service.

If digital material that the user has published result in compensation claims or other claims, directly or indirectly, from third parties, the user is obligated to keep Filehill free of liability and damages beyond what the law stipulates, and/or defend Filehill´s rights at their own expense.

5 Payment

5.1 Fees

There is no cost to register for the service. Filehill takes a fee each time a digital file is sold through the service, in accordance with the price list provided on the website. The price list can always be changed and it is the user's duty to keep informed about the current price list.

FileHill has the right to a fee of up to 100 SEK or, if the user's account balance is less than 100 SEK, as much as the current balnce is, when the user closes his account by terminating the agreement in accordance with the terms under the heading "Validity and termination of the agreement.

5.2 Taxes and Fees

The user is liable to pay taxes, fees as well as VAT or sales tax in accordance with applicable laws. The user is always obliged to set prices including VAT and any other taxes.

5.3 Pricing

The user decides the price of his/her digital files. The price can not be less than the minimum price set by the service.

5.4 User Funds

FileHill is obliged to transfer a users earned funds, less Filehills fees according to the price list to the user on request, when the amount earned exceeds 100 SEK.

Payment of user funds shall occur no later than 45 days after the request for payment has been received by Filehill from the user account management panel. Payments are mad no later than on the 15th in the ensuing months after the request for payment was received from the user account management panel. The amount is deducted from the user's Filehill account the same day that payment is requested.

A sales report showing the user's sold and bought item the last month is sent automatically to the user via e-mail at the end of each month, provided that the user has checked that he/she wants to receive the monthly report from Filehill in his administration panel.

Users will receive no interest on the funds held in the Filehill account.

5.5 Repurchase

Returning a file or receiving a refund after a purchase is completed, is not possible due to the nature of digital goods.

5.6 Other

The currency used on Filehill is Swedish kronor (SEK) unless otherwise stated.

6 Filehill's Rights and Obligations

6.1 Intellectual Property Rights

FileHill has all rights to the name and trademark Filehill and to the website Filehill. Filehill has the seller's permission to publish his/her material on the service. Filehill hereby grants the user and the user accepts, a non-exclusive, non-transferable, limited license that allows him/her the right to use the File Store Applicationen on his/her website under the conditions that apply to this Agreement. Users may not share, distribute, modify, adapt, build upon, copy, transfer, distribute and/or loan the File Store Applicationen. The license applies as long as this agreement is valid.

6.2 Marketing

FileHill retains the right for marketing purposes of all kinds of the Service to copy, modify, display and distribute all the publicly available material that is uploaded to the service, without giving any compensation/payment to the user for this.

6.3 The right to edit and/or delete digital media

FileHill reserves the right at any time to delete material from the Service and to assess whether the material should/could be considered offensive, indecent, obscene or otherwise objectionable. Filehill reserves the right to immediately delete files that are to be regarded as duplicates in accordance with paragraph 4.4.

6.4 Messages

FileHill communicates with the user in Swedish, English or Norwegian, through messages to the service or to the email address that the user has entered.

6.5 Security

FileHill strives to ensure that the service is free of viruses, trojans and similar, but can not guarantee that it always is. Use of the service is always at your own risk. Filehill can not be held liable for damages that may arise in connection with the use of the service.

7 Technology

FileHill can not guarantee that the service is always available and works flawlessly. Filehill may at any time close parts or all of the Service for maintenance, updates or for any other reason. Filehill is not responsible for such interruption of service. Particularly if those caused by circumstances beyond the control of Filehill. Filehill cannot be held liable for damagesa to the user or a third party for any interruption in service for any reason.

8 Handling of Personal Information

By accepting this agreement, the user also accepts Filehill's integrity policy, which is available on the website. This policy can always be changed or updated. The user is required to keep updated on the current wording.

9 Modifications and Additions

FileHill reserves the right to change this agreement with 30 days notice before the changes take effect, by publishing a notice of such change on the website. Filehill also has the right to amend the agreement immediately, when the reason for the change is outside the Filehill's control. Example of such cases may be, but not limited to law or governmental act.

The Agreement is the entire regulation between Filehill and the user of the issues and topics that are treated by the agreement. No additional written or oral additions between the parties are valid.

If any provision of this Agreement is invalid (partial invalidity), this shall not affect what comes to regard the agreement as a whole.

10 Transfer of rights and duties

FileHill has the right to fully or partially transfer its rights and obligations in accordance with the agreement to third parties. The user is in that case informed via the website.

The user has no right to fully or partially transfer his/her rights and obligations in accordance with the agreement to third parties.

11 Validity and Termination

The agreement begins to apply from the time the user signs up for service and thus accepts this agreement.

FileHill may immediately terminate the agreement and withhold the balance funds from the account if the user has violated the agreement, for example, by abusing the service or by selling digital files to which the user does not have the copyright, sales and/or distribution rights.

The user has the right to at any time terminate the agreement and close his user account. Filehill will close the user's account at the request of the user. The remaining funds exceeding 100 SEK will be paid out to the user.

Once the agreement has ceased to apply, Filehill has the right to immediately delete or remove from the public site the digital material uploaded by the user. The digital files that are licensed out to other users, will, even after the agreement has ceased to apply, be available for download for those users who have a license to it, forever or as long as the service is accessible.

Filehill cannot be held liable for damages to the user or any third party as a result of the contract termination for any reason.

12 Disputes and Applicable Law

Swedish law shall be used in legal treatment of the agreement. Disputes in respect of the agreement shall be decided by the general court, where the first instance shall be Stockholm tingsrätt.

Stockholm, 2010-08-12