Effective as from August 2010.

This document (the "Agreement") is a legally binding agreement between you and Subsea1 AS, a company registered in Norway that governs your use of Subsea1 web based product application, available at the Subsea1.com web application. Please note that you must read and agree to the terms and conditions of this Agreement before you use the Subsea1 web based product application. If you do not agree to the terms and conditions of the Agreement, you may NOT use the Subsea1 product application. For a detailed description of the features in each of the Subsea1 product application, please see the Subsea1.com website.

1. Contract formation

By ticking the "I agree" box or pressing the "I Accept" button when creating a Subsea1 account, you confirm that you are 18 years of age or more, that you have your residence in one of the countries in which Subsea1 provides the Subsea1 product application, that any registration information that you submit to Subsea1 AS 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 Subsea1 Privacy Policy.

2. Changes to the Agreement

Subsea1 AS may make changes to this Agreement at its sole discretion. Any material changes will be communicated to you and your acceptance of and / or continued use of the Subsea1 product application after such notification of changes to this Agreement will constitute your acceptance of such changes.

3. Grant of licence

Subsea1 AS grants you a limited, non-exclusive, revocable licence to make personal non-commercial use of the Subsea1 product application. You do not have a right to transfer or sublicence your rights under this Agreement.

4. Purchase of the Subsea1 Paid for Service

If you agree to pay the fee for access to the Subsea1 product application, such fee will be charged in accordance with the payment method you have chosen for your purchase. If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorized to make such purchase and that you are the holder of such card (i.e. that the card is issued in your name). All prices stated on the Subsea1.com Website are inclusive of VAT (where applicable) and other applicable taxes and fees. Subsea1 AS accepts a variety of different payment methods, so please check the Subsea1.com website for the best way for you to pay.

8. Prices

Subsea1 AS may change the price for the Subsea1 product application from time-to-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 price change will be communicated to you. If you do not wish to be bound by such changed price relating to your Subsea1 product application you may terminate your subscription of your Subsea1 product application in accordance with Section 15 (Term and termination). Your continued use of the Subsea1 product application after the communication of such price change to you constitutes an acceptance of such new price.

9. Automatic subscription renewal

Your subscription to the Subsea1 product application 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 Section 15 (Term and termination). Such renewal will always be for a monthly subscription term, even if the previous subscription term was for a six or twelve month period. If you would like to renew for a longer term, then please log into your account on the Subsea1.com website. At the time of renewal the payment method you have designated to be charged for the purchase of the Subsea1 product application will automatically be charged with the applicable amount.

10. Cooling-off period

If you have purchased access to the Subsea1 product application over the Internet, you have the right to cancel your purchase and receive a full refund within 14 days of purchase. However, please note that if you log into the Subsea1 product application within the 14-day period you will no longer have a right to cancel or withdraw from your purchase of such service. In addition, after the 14-day period has elapsed you no longer have the right to cancel your purchase and receive a refund even if you do not subsequently log into the Subsea1 product application.

12. Restrictions of use

For the avoidance of doubt, you agree that you may not (without limitation):

• i. copy, reproduce, make available to the public or otherwise use any part of the Subsea1 product application (including but not limited to videos/animations, images and text) in a manner not expressly permitted under this Agreement;
• ii. sell or attempt to sell any invite to access the Subsea1 product application, or resell any code used to access the Subsea1 product application;
• iii. provide your password to any other person or use any other person’s user name and password;
• iv. reverse-engineer, decompile, disassemble, modify or create derivative works based on the Subsea1 product application or any part thereof;
• v. circumvent any technology used by Subsea1 product application, its licensors, or any third party to protect content accessible through the Subsea1 product application;
• vi. rent or lease any part of the Subsea1 product application;
• vii. use the Subsea1 product application in a way that violates the terms of this Agreement;
• viii. circumvent any territorial restrictions applied by Subsea1 product application;

In addition to the above, you agree to take all reasonable care to prevent unauthorized use of the Subsea1 product application and its content.

13. Advertising and use of computational resources

As consideration for your rights under this Agreement, you agree that (i) Subsea1 AS and its business partners have a right to provide advertising and other information to you in relation to the Subsea1 product application, and that (ii) Subsea1 AS has a right to allow the Subsea1 product application 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 Subsea1 product application, and to facilitate the operation of the network on which the Subsea1 product application runs. You may adjust the level of usage that the Subsea1 product application makes of your computer in the settings of the Subsea1 product application.

14. Customer support

If you have any questions concerning the Subsea1 product application or this Agreement, please contact Subsea1 AS customer service by visiting the Contact us menu.

15. Term and termination

This Agreement will become effective in relation to you when you have ticked the "I agree" box when creating a Subsea1 account or when you start using the Subsea1 product application and will remain effective until terminated by you or Subsea1 AS. You may cancel your subscription of the Subsea1 product application at any time by visiting your subscription page 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). Unless your cancellation falls within the cooling off period set out in Section 10 (Cooling-off period), this means that Subsea1 AS will not refund any remaining portion of subscription fees you have already paid for. Subsea1 AS reserves the right to terminate this Agreement or suspend your Subsea1 account at any time in case of unauthorized, or suspected unauthorized, use of the Subsea1 product application, whether in contravention of this Agreement or otherwise . If Subsea1 AS terminates this Agreement, or suspends your Subsea1 account for any of the reasons set out in this section, Subsea1 AS shall have no liability or responsibility to you, and Subsea1 AS will not refund any amounts that you have previously paid.

16. No warranty

The use of the Subsea1 product application (including but not limited to its content) is at your own risk. The Subsea1 product application is provided on an "as is" and "as available" basis. To the fullest extent possible under applicable law, Subsea1 AS gives no warranty, express or implied, as to the quality, content and availability or fitness for a specific purpose of the Subsea1 product application. The information content of the Subsea1 product application beta version has been reviewed by professionals with the expertise required to provide you with complete, accurate or reliable information. But as this is an open editable portal for users with access to edit the information, Subsea1 AS is not responsible for and cannot guarantee the validity of the information found here. The content of any given page may recently have been changed or altered by someone whose opinion does not correspond with the state of knowledge in the relevant field. The individual contributors, system operators, developers, partners of Subsea1 product application or anyone else connected to the product cannot take any responsibility for the results or consequences of any attempt to use or adopt any of the information or disinformation presented in the Subsea1 product application. We do not warrant that the servers that make Subsea1 product application available will be error, virus or bug free and you accept that it is your responsibility to make adequate provision for protection against such threats. We recommend scanning any files before downloading. In addition, Subsea1 AS does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party on or through the Subsea1 product application or any hyperlinked website, or featured in any banner or other advertising. Consequently Subsea1 AS will in no way be responsible for any transaction between you and third-party providers of products or services advertised on or through the Subsea1 product application. 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 the Subsea1 product application shall create any warranty on behalf of Subsea1 AS in this regard.

17. Limitation of liability

In no event shall Subsea1 AS, its affiliates, officers, directors, employees or licensors be liable for any direct, 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 Subsea1 product application (including but not limited to its content), even if you have advised Subsea1 AS about the possibility of such loss, and including any damages resulting therefrom. Nothing in this Agreement removes or limits Subsea1 AS’s liability for fraudulent misrepresentation, death or personal injury caused by its negligence.

18. Indemnity

You agree to indemnify and hold Subsea1 AS and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal 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.

19. Intellectual property

Subsea1 AS respects intellectual property rights, and expects you to do the same. Please note therefore that the Subsea1 product application and the content provided through the Spotify Subsea1 product application is the property of Subsea1 AS or Subsea1’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 Subsea1 product application (including but not limited to its content) in any manner not covered by the Agreement. Furthermore, you must not infringe any third party’s intellectual property rights in using the Subsea1 product application, which means that (for example) you may not import or copy any information which you have not legally acquired and have the right to so import or copy into the Subsea1 product application. Further, you may not remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the Subsea1 product application.

20. Technology limitations and modifications

Subsea1 AS will make reasonable efforts to keep the Subsea1 product application operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Subsea1 AS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Subsea1 product application with or without notice.

21. Privacy

You agree that Subsea1 AS has a right to collect and process your personal information in accordance with the Subsea1 Privacy Policy.

22. Assignment by Subsea1 AS

Subsea1 AS may assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.

23. Entire agreement

This Agreement together with the Subsea1 Privacy Policy constitutes all the terms and conditions agreed upon between you and Subsea1 AS and supersede any prior agreements, whether written or oral. Any additional or different terms or conditions in any written or oral communication from you to Subsea1 AS 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 Subsea1 AS not contained in this Agreement.

24. 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.

25. Governing law and disputes

This Agreement shall be governed and construed in accordance with the laws of the country of your residence. Any dispute, controversy or claim arising out of or in connection with this Agreement will be subject to the non-exclusive jurisdiction of the court or other tribunal closest to your home with the appropriate knowledge and expertise to deal with such dispute, controversy or claim.

26. 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.