Terms

1. Acceptance of Terms. Gasolina AS, organization nr. 922 077 479 owns and provides web services, and software that facilitates online scheduling and online booking of a recording/music/creative studio (collectively, the “Services”) through the following website: https://gasolinamusic.com/. These Terms and Conditions set forth the legally binding terms for your use of the Website and for the use of our Services. By using our Website to do online booking of our recording studio, you agree to be bound by these Terms.

We may modify these Terms from time to time, and such modification shall be effective upon its posting on the Website. You agree to be bound by any modification to these Terms when you use the Website after any such modification is posted; it is therefore important that you review these Terms regularly.

2. Registration Requirements. If you wish to use our Services you have to register your “client details” on the Website. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract or have accepted the Terms herein through a parent or guardian and are not a person barred from receiving services under the laws of Norway or other applicable jurisdiction.

IF YOU ARE AN EMPLOYEE, AGENT OR REPRESENTATIVE OF A COMPANY AND YOU ARE ENTERING ACCEPTING THESE TERMS TO OBTAIN THE SERVICES FOR USE BY OR FOR THE BENEFIT OF THE COMPANY FOR THE COMPANY’S OWN BUSINESS PURPOSES, YOU HEREBY AGREE THAT YOU ACCEPT THESE TERMS ON BEHALF OF THE COMPANY AND THAT YOU HAVE THE AUTHORITY TO BIND THE COMPANY TO THE TERMS AND CONDITIONS SET FORTH HEREIN.

You also agree to: (a) provide true, accurate, current and complete information about yourself and your company (if applicable) as prompted by the registration form available on the Website (the client details) and (b) maintain and promptly update your client details to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account(s) and refuse any and all current or future use of the Website and Service (or any portion thereof).

If you register on the Website you will be required to choose one or more passwords and provide your email address, and you may be asked for additional information regarding your account(s).

You are responsible for maintaining the confidentiality of the password(s) and account(s) information and are fully responsible for all activities that occur under your password(s) or account(s). You agree to (a) immediately notify us (by e-mail to post@gasolina.no of any unauthorized use of your password(s) or account(s) or any other breach of security, and (b) ensure that you logout from your account(s) at the end of each booking. Gasolina Music is not liable for any loss or damage arising from your failure to comply with these requirements.

3. The Service. Our services are offered through our Website and platform https://gasolinamusic.com/. We are only facilitating booking services of a recording studio for (creative) end-users being an artist, musician, producer or a photographer.

We offer two “categories” of booking services:

“Studio booking” - without a Producer

Booking in this category gives end-users access to our studio located at Badstugata 2 , 0183, Oslo (in the centre of Oslo). We facilitate and offer studio equipment such as: microphones, speakers, mixing board, keyboard, music lights,drums and headphones which you (end-users) are entitled to use during your session(s). End-users may bring their own device, connect with the thunderbolt cable in the studio, download some plugins and you're ready for recording and production.

“Record with our Producers”

Booking in this category gives you access to our studio located at Badstugata 2, 0183, Oslo (in the centre of Oslo). In addition to facilitating studio equipment such as microphones, speakers, mixing board, keyboard, music lights,drums and headphones for your use during your session(s), we facilitate and offer sessions with Producers to manage the sound recording and production of a performer’s/end-users music and to help the performer/end-user to improve their songs, lyrics or arrangements. List of studio equipment made available to the end-users during session may be changed from time to time, but will at all times be made available on the Website.

This category gives the end-user of the Website the opportunity to send an invitation to independent third party providers of services (“Service providers” or “Producers”) to deliver producer services made available through GasolinaMusic. Service Providers offers a fixed price for their services through the Website.

Please note and be aware that GasolinaMusic is not part of the agreement between end-user and Service Providers and is not responsible for any circumstances arising out of the contractual relationship between them.

4. Payment. The fees and cost for the Service provided on the Website are posted on the Website. Fees are subject to change without notice. You agree to pay GasolinaMusic in advance the applicable fees for the Service provided by GasolinaMusic under these Terms.

Unless other arrangements are pre-approved by GasolinaMusic, we will bill your credit/debit card for all fees for the Service, and you hereby authorize GasolinaMusic to charge your credit/debit card for all such fees. You will provide us with accurate and complete billing information including legal name, address, telephone number, and credit card or debit card billing information. If such information is false or fraudulent, we reserve the right to terminate the Service and your access to the Website in addition to seeking any other legal remedies.

All Charges and payments will be activated and paid in advance using a secure payment method designated in end-users account (currently, Stripe). For more information about Stripe, visit their website at https://stripe.com. A receipt will be issued upon purchase of a Service. In addition, end-user will receive an order confirmation by email or a text message with details regarding studio check-in (e.g time and place to pick up keys to the studio). If end-users primary payment method (e.g. payment card) is expired, invalid or otherwise not able to be charged, end-user agrees that GasolinaMusic may use a secondary payment method if it is provided by end-user in its account. Charges paid by end-user are final and non-refundable unless otherwise provided herein.

5. Cancellation of Booking Services. End-users may cancel their booking of a studio at any time subject to the following standard terms:

Cancellations made less than 24 hours before the agreed date for studio check-in

If a booking is cancelled less than 24 hours before the agreed date and time for studio check-in, no amount will be refunded and end-user accepts to be charged with hundred per cent (100%) of the agreed price for the applicable booking.

Cancellations made between 24-48 hours before the agreed date for studio check-in

If a booking is cancelled between 24-48 hours before the agreed date and time for studio check-in, fifty per cent (50%) of the agreed price for the applicable booking will be refunded to the end-user, and end-user accept to be charged with fifty per cent (50%) of the agreed price for the applicable booking.

Cancellations made 48 hours (or more) before the agreed date for studio check-in

If a booking is cancelled 48 hours (or more) before the agreed date and time for studio check-in, hundred per cent (100%) of the agreed price for the applicable booking will be refunded to the end-user.

All cancellation requests must come from the email address and the name of the person that signed up for the account.

6. User Content. Any content provided by you remains your property. However, by providing User Content to us, you acknowledge, consent and agree that we may access, use, preserve and disclose your account(s) information, including, but not limited to, any information, data, text, music, sound, photographs, graphics, video, messages, tags, or other materials (collectively “Content”) you have posted or made available through our Website if required to do so by law or in good faith believe that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with legal requirements; (b) enforce these Terms; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service; (e) protect the rights, property or personal safety of GasolinaMusic, its clients and the public; and/or (f) otherwise provide you with access to and use of the Service.

By submitting User Content of any kind, you agree that you have the right to submit such User Content and that such User Content does not infringe or violate any privacy or other rights of any party. You further agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, the Service or the Website and that you will be solely responsible for all User Content that you submit to the Website, including the consequences of posting or publishing such User Content.

It is strictly prohibited to upload User Content of any kind that contains expressions of hate, abuse, offensive images or conduct, obscenity, pornography, or any material that could give rise to any liability under applicable law or regulations or that otherwise may be in conflict with these Terms. Without limiting the foregoing, you acknowledge and agree that all User Content is used in accordance with our Privacy Policy[a].

7. GasolinaMusic and Third Party Content. Our Website contains Content of GasolinaMusic (ʺGasolinaMusic Contentʺ), and Content of third party licensors to GasolinaMusic which is protected by copyright, trademark, patent, trade secret and other laws. In addition, GasolinaMusic has developed processes, concepts, online tools to manage digital booking of our studio. This is also considered to be GasolinaMusic Content. By utilizing this Website, you acknowledge and agree that GasolinaMusic owns and retains all rights, title and interest in the GasolinaMusic Content. GasolinaMusic hereby grants to you a limited, revocable, non- transferable, non-sub-licensable license to access and use the Services that are made available on https://gasolinamusic.com solely in accordance with the terms and conditions of this Agreement.

Except for User Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through our Website or Service.

8. Other Sites. Our Website may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their websites. GasolinaMusic does not assume any responsibility or liability for the actions, product, and content of any such websites. Before you use any third party website, you should review the applicable terms of use and policies for such websites. The inclusion of a link in any of our Websites does not imply GasolinaMusic’s endorsement of such third party website. If you decide to access any such linked websites, you do so at your own risk.

9. Term and Termination. These Terms shall remain in full force and effect for so long as it is posted on our Website. You may terminate your Account for the service at any time, for any reason, by contacting GasolinaMusic by email at: post@gasolina.no.

GasolinaMusic reserves the right to terminate your account(s) or your access to our Website and the Service immediately, with or without notice to you, and without liability to you, if GasolinaMusic believes that you have breached any of the terms and conditions of these Terms, furnished GasolinaMusic with false or misleading information or interfered with use of the Website or the Service by others. The termination of these Terms or your use of the Service will not relieve either party of representations, warranties or obligations that are intended to survive after, the termination or expiration of these Terms or the Service.

10. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE WEBSITE AND THE SERVICE IS AT YOUR SOLE RISK. THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

GASOLINAMUSIC AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE “GASOLINAMUSIC PARTIES”) EXPRESSLY DISCLAIMS ALL WARRANTIES AND GUARANTEES, EXPRESSLY, IMPLIED, OR STATUTORY (UNLESS PROVIDED BY MANDATORY LEGAL PROVISIONS) UNLESS EXPRESSLY SET OUT IN THESE TERMS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICE, THE WEBSITE, AND ANY THIRD-PARTY WEBSITES WITH WHICH THEY ARE LINKED.

THE GASOLINAMUSIC PARTIES MAKE NO WARRANTY (I) THAT THE WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES); (III) REGARDING ANY RESULTS YOU MAY OBTAIN FROM THE USE OF THE WEBSITE OR SERVICE; AND (IV) THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR SERVICE WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITE OR THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL.

11. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL THE GASOLINAMUSIC PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF THE SERVICE, THE WEBSITE OR ANY WEBSITE WITH WHICH THEY ARE LINKED. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE AGGREGATE LIABILITY OF THE GASOLINAMUSIC PARTIES TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GASOLINAMUSIC PARTIES FOR THE SERVICES.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

IN CASE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR INDIRECT DAMAGES AS MENTIONED HEREIN, IN SUCH JURISDICTIONS, GASOLINAMUSIC’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON THE CHOICE OF LAW PROVISION SET FORTH BELOW.

12. Indemnity. You agree to indemnify, defend, and hold harmless GasolinaMusic and GasolinaMusic’s affiliates, directors, employees, and agents from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from (i) your breach of these Terms, or (ii) your infringement, or infringement by any other user of your account(s), of any intellectual property or other right of any person or entity. GasolinaMusic will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, upon our discretion, at your expense, in defending any such claim, loss, liability, damage, or cost.

13. Additional Terms. We may also require you (our end-users) to follow additional rules, guidelines or other conditions (ʺAdditional Termsʺ) i.e “house rules” for our studios.

These Additional Terms are part of these Terms, and you agree to comply with them.

14. Modification and Changes to the Service and Website. GasolinaMusic reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently, the Service or any of our Website (or any portion thereof) with or without notice.

You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or our Website. You are free to download your User Content at any time to provide backup.

15. Independent Contractors. No joint venture, partnership, employment, or agency relationship exists between you as a end-user and GasolinaMusic as a result of these Terms or use of the Website or the Service.

16. Notice. We may give end-users notices or messages by means of a general notice through GasolinaMusic, email address, telephone or text message to any phone number provided in connection with end-user’s account or booking, or by letter to any address given in end-user’s Account.

If you have any questions regarding these Terms, please contact us by email at post@gasolina.no.

17. Waiver and Severability of Terms. The failure of GasolinaMusic to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the provision or part of such provision shall, if possible, be replaced by a valid and enforceable provision that reflects as closely as possible the intention of the original provision. Other provisions shall be unaffected.

18. Entire Agreement. These Terms, together with any other terms or policies referenced herein (including without limitation the Privacy Policy and Additional Terms), constitutes the entire agreement between you and GasolinaMusic regarding the subject matter hereof and governs your use of the Website and Service, superseding any prior agreements and/or understandings between you and GasolinaMusic with respect to the Website and Service.

19. Choice of Law. These Terms and any dispute arising out of these Terms will be governed by Norwegian law. You and GasolinaMusic agree to submit to the personal and exclusive jurisdiction of the Oslo District Court.