Terms and Conditions

These terms and conditions contain important information regarding the service provided by Ameibo AB. Read the terms and conditions carefully before using the service.

1. General conditions

These terms and conditions (”T&C”) apply to the usage of Ameibo AB (corporate identity number 556709-1094) (”Ameibo”) services. By registering as a member on the Ameibo website www.ameibo.com these T&C are accepted and approved.

Ameibo provides an Internet-based market place whereby a registered member (“Member”) can buy and - to other Members in the Ameibo network - sell digital information such as e.g. movies (“Service”). Purchased information is delivered in the form of one or more data files (“Data File”) through the Members download of smaller components of data (“Data Components”), that together constitute Data Files, from one or more Members. The Data Files are offered as either DTR (Download To Rent) or EST (Electronic Sales Through).

Ameibo strongly opposes, and works to counteract, illegal downloading, copying and dispersion of copyrighted material. Ameibo will use all means necessary to take action against all such behaviour and/or other infringements of these T&C.

2. Age limit and legal residence of Member

A Member shall be a natural person. Ameibo does not accept legal persons as Members.

To use the Service, a Member shall be at least 18 years old. A Member which is 16 years old, but not yet 18 years old may use the Service provided that his/her legal guardian provides its consent.

A Member which is 16 years old confirms by registering as a Member that his/her legal guardian has consented to his/her use of the Service.

3. Description of the Service

Buying and selling of information through use of the Service is done with so-called BitTorrent file-sharing technology. This means that a Member’s download of information is done through parallel transfer of Data Components from other Members who have access to the Data File purchased. A selling Member obtains a net purchase-sum in accordance with section 5 below. The use of BitTorrent technology causes the Member’s IP-address to be visible for other Members. No other personal information is disclosed in this connection to this process.

The moment a Member initiates a download, downloaded Data Components can be automatically transferred to other Members who purchased the same Data File.

A Member who does not wish to share Data Components and/or Data Files may abstain from this by making the necessary settings in the software of his/her BitTorrent-client.

4. Ameibo account etc.

To be able to buy and sell information a Member must open an Ameibo account (”Account”). A Member can deposit money to the Account to use for purchases of Data Files. Purchases can also be made with debit or credit card. Withdrawal of outstanding funds is available through PayPal.

By registering as a Member and opening an Account, Members get access to, among other things, a discussion board and the possibility to write movie reviews published on the Ameibo website in connection to the information about the movie in question. A Member hereby approves to the publishing of reviews together with the reviewing Member’s name. A Member is liable for all material and comments and reviews it publishes on the Ameibo website. A Member is not allowed to
a) use the discussion board to market or sell other goods or service than the Service;
b) publish material which contain swearing, advertisement, political messages, personal attacks or which in Ameibo’s view otherwise can be construed as abusive, harassing, threatening, vulgar, obscene, fraudulent, unethical, discriminatory, racist, xenophobic or in any other way questionable or illegal;
c) pose as someone other than him/herself or publish other person’s personal data such as name, social security number, address, telephone number, e-mail address and/or credit card number;
d) commit, assist or encourage illegal downloading, copying and dispersion of copyrighted material or any other action contrary to Swedish or international copyright or other legislation;
e) commit, assist or incite to commit a crime;

Ameibo disclaims liability towards other Member’s and the public for what a Member publishes. Upon violation of this provision Ameibo is entitled and intends to remove published material and posts without prior notice as well as taking measures in accordance with section 11 below.

5. Prices and Remuneration

The price of Data Files is stated in a special list of prices on Ameibo website. The prices are stated in any of the following currencies: EUR (€),USD (US$), SEK, NOK, DKK, GBP (£) and include taxes and fees. When a purchase is made a Member will also receive a confirmation through e-mail from which the price of the Data File appears. Ameibo has the right to continually and without prior notice update the special list of prices published on the Ameibo website.

Payment is made either with debit or credit card or through charging of Member’s Account. A sum corresponding to the price of the Data File is charged to the card or Account immediately after the purchase has been confirmed by the Member.

Out of the purchase-sum paid by a Member for the purchase of a Data File the net-sum after deduction for costs (”Remuneration”) will be paid to Members who has sold Data Components for the download. Particulars of Remuneration appear from the Ameibo website. Remuneration is allocated between Members that have supplied Data Components in proportion to the quota of the total amount of Data Components that the individual Member has supplied. The calculation and allocation of Remuneration is carried out by Ameibo with for this purpose produced software. By a Member’s acceptance of these T&C, Ameibo is commissioned to receive purchase-sums on behalf of the Member. Ameibo is also commissioned to allocate the purchase-sums between selling Members (as Remuneration) and other parties (such as copyright owners) which are entitled to remuneration. Purchase-sums are allocated in accordance with the methods of calculation created by Ameibo which appear from the Ameibo website. A Member accepting these T&C approves Ameibo calculation and allocation of the purchase-sums and Remuneration and with binding effect waives his/her right to challenge such calculations.

A selling Member’s Account is credited with some delay as Data Components are downloaded by a purchasing Member.

6. Copyright

The material in the Data Files is protected by Swedish and international copyright. This and other possible intellectual property rights to the Data Files belong to motion picture production companies and other holders of rights and licensors. A Member may only use the Data Files and their content within the limitations given by from time to time applicable copyright legislation, these T&C and conditions which are stated on applicable places on the Ameibo website.

A Member may only use the Data Files and their content for personal use. The Data Files or their content can therefore not be fully or partly dispersed, conferred on someone else or transferred in other networks than the Ameibo network (neither open or closed) or be used for commercial purposes or otherwise for non-personal use. The Data Files and their content may not be copied for such purposes or be sold, rented, leased or further licensed to another. For each through Ameibo offered Data File specific limitations concerning usage applies. Such limitations appear on Ameibo website in connection to other information about each Data File.

It rests with a Member to keep such control over the Data Files and their content that the requirements made by Swedish and international copyright legislation, these T&C and the Ameibo website are complied with. This means inter alia that a Member is obligated to keep the computer equipment where the Data Files are stored under reasonable supervision and to not disclose his/her membership information or password to his/her Account and to take such measures so that Data Files cannot be accessed unintentionally by another in violation of the abovementioned.

Data Files may be encrypted with e.g. DRM-protection. A Member may not take measures to decrypt or neutralize such encryption for the purpose of in a prohibited way using or distributing Data Files in violation of these T&C and current copyright legislation.

7. Delivery, delays etc.

Download of Data Files will commence as soon as a Member confirms the purchase and the torrent file has been opened in the Member’s BitTorrent-client/software. The time of delivery is dependent upon various factors such as the amount of storage space required for the Data File, the capacity (performance) of the Member’s computer equipment and the bandwidth usage over the Internet and the Ameibo server.

Ameibo is not liable for disturbance or delay of delivery, irrespective of its reason. Ameibo is thus not liable for e.g. flaws or faults in the Member’s or others technical equipment

8. Technical requirements, computer equipment

In order for a Member to use the Service the Member’s computer equipment must fulfil technical requirements with regard to e.g. Windows Media Player and individualized DRM-components that Ameibo from time to time lays down. It rests with a Member to stay informed about and to fulfil the from time to time technical requirements, which appear on the Ameibo website in connection to each movie. Ameibo reserves the right to unilaterally and without prior notice update the technical requirements.

In order to use the Service a Member must use a so-called BitTorrent-client on his/her computer. Under the “Recommended BitTorrent clients” link on the Ameibo website there is information regarding approved BitTorrent-clients currently compatible with the Ameibo system. Other software than BitTorrent-clients recommended by Ameibo may be compatible with Ameibo system. BitTorrent-clients are provided by third parties, wherefore Ameibo is not liable for BitTorrent-clients’ features or quality. The development of current software is out of Ameibo’s control, wherefore e.g. an update of the software may cause it to be incompatible with the Ameibo system. Ameibo is not under any circumstance liable for damages caused by the use of such software.

Ameibo is not liable for fault or damage caused by flaws or faults in a Member’s or others technical equipment. Neither is Ameibo liable for any form of computer failure or loss of data.

9. Faulty service, liability

Ameibo is not liable for fault ascribed to Data Components purchased and transferred from another Member. If a Data File which has been delivered is faulty and cannot be used for the intended purpose according to these T&C and has the fault been caused by conditions attributable to Ameibo, Ameibo will be liable to either replace the faulty Data File without charge or to reimburse the Member for effected payment. A Member may not invoke a fault according to this section 9 unless Ameibo is notified within a reasonable period of time after the Member discovered or should have discovered the fault.

Ameibo’s liability towards a Member is limited to the consequences which are explicitly stated in these T&C. Ameibo is under no circumstances liable in addition to that for direct or indirect damages or consequential damages that a Member incurs while using the Service.

If Ameibo’s obligations according to these T&C are rendered impossible to fulfil due to a circumstance or obstacle outside of Ameibo’s control, Ameibo shall for the time that the obstacle exists be exempt from its obligations according to these T&C and a Member is not entitled to the abovementioned consequences. A Member shall, as soon as such a circumstance has occurred, be notified thereof. This provision refers to e.g., but is not limited to, circumstances such as interruption of telecommunication, fire, flood or power failure.

A Member shall indemnify Ameibo for damages incurred by Ameibo due to the Member’s actions in violation of these T&C or Swedish or international copyright legislation.

10. Right to cancellation

Delivery of purchased Data Files will commence immediately after a Member’s purchase. After the purchase has been approved by a Member no right to cancellation exist.

11. Termination of Service

A Member is entitled to terminate the Service whenever and without observance of any notice period.

Ameibo is entitled to terminate the Service without notice if Ameibo has reasonable reason to believe that a Member
a) materially violates these T&C;
b) is engaged in fraudulent or other illegal activities in regards to the Ameibo Service;
c) is improperly generating or attempting to generate artificial statistics;
d) is the subject of a criminal investigation or is found guilty of a crime against copyright or other legislation which is related to the Ameibo business; or
e) is the subject of an action for damages or infringement of others intellectual property rights.

Termination from Ameibo’s side entails that a Member is not allowed to purchase further Data Files, log on information ceases to be valid and the Account is shut down, whereby the Member shall receive cash payment of outstanding balance. In the case that Ameibo have matured claims, including possible claims for damages, against a Member, Ameibo may set these off against the outstanding balance on the Account.

All conditions in these T&C regarding copyright and intellectual property rights shall apply to all previously downloaded Data Files regardless that the membership has been terminated.

12. Taxes

For a Member that is subject to unrestricted taxation in Sweden such Remuneration that is received upon sale of Data Files to other Members in Ameibo network is taxable according to the Swedish Income Tax Code (inkomstskattelagen (1999:1229). In what class of income the income shall be taxed (capital, employment or commercial activity) is dependent on each Member’s taxation situation and the extent of his/her use of the Service. It rests with each Member to assess how the income shall be taxed and to report this to Skatteverket (The Swedish Tax Authority). Ameibo is not in any way liable for how a Members taxation situation could be affected, how certain income shall be reported or the carrying out of such a report.

If however Remuneration shall be taxed as hobby under the income-class employment, it rests with the Member to inform Ameibo regarding this so that Ameibo is able to fulfil its therewith incurred obligation to report to Skatteverket.

13. Personal data

A Member consents to that the personal data that the Member provides to Ameibo in connection to his/her use of the Service is processed by Ameibo. A Member also consents to Ameibo automatically storing certain other personal data concerning the Member, such as details about previous purchases and sales of Data Files, number of visits to Ameibo website, IP-addresses and log on times on Ameibo website.

Ameibo will process the personal data for the purpose of fulfilling its obligations and exercising its rights in connection with the Members use of the Service. Personal data may also be processed for the purpose of analyzing and developing the existing Service and new services. Ameibo will not sell, publish or give out personal data to third parties without prior explicit consent from the Member. However, personal data may be given out to Ameibo’ co-operating partners and/or suppliers upon suspicion of a violation of law or these T&C. Ameibo will not use personal data to enable marketing activities that have not been ordered.

Personal data will be stored for the duration of a Member’s registration with Ameibo and for some time thereafter if necessary in order for Ameibo to fulfil its remaining obligations or exercise its rights against a Member or if it otherwise is required by law.

A Member is entitled to, upon a written request, obtain information concerning the processing of the Members personal data once per year without charge. Such a request shall be made to the Ameibo customer support.

14. Amendment of T&C

Ameibo reserves the right to unilaterally and without prior notice change the T&C. The current T&C are available on the Ameibo website with a statement of date of the latest amendments. When amendments are made Ameibo will inform Members through e-mail that amendments have been made to the T&C with a link to the new version attached.

It rests with a Member to keep informed concerning the current T&C.

15. Transfer

Ameibo reserves the right to transfer all of its rights and obligations according to these T&C to a third party without prior consent from a Member. A Member is not entitled to transfer his/her rights and obligations according to these T&C without Ameibo’s prior written consent.

16. Applicable law and dispute solution

Swedish law shall apply to these T&C.

A dispute concerning the interpretation or application of these T&C and therewith connected legal relations, which cannot be settled amicably through negotiations, shall be tried by a Swedish civil court.

17. Customer support

Ameibo’s customer support is available through e-mail and replies weekdays between 9.00 a.m. and 5.00 p.m. CET.

These T&C are applicable as per 15 February, 2008.