Terms of Use

My Instore Apps ApS Service Agreement

These Terms of Use between You (“You” or “Your”) and My Instore Apps ApS, Company reg.no. 33 86 72 63 (“My Instore Radio”), state the terms that govern your use of the My Instore Radio service defined herein. Your Service Agreement – together with all updates, these Terms of Use, the Terms and Conditions and any document referenced herein, My Instore Radio’s rules and policies that incorporate the agreement by reference – collectively constitute the “Agreement” between You and My Instore Radio. Use of the site and / or the service constitutes your agreement to the terms in the Agreement. If You do not agree to these terms, You may not use this service. You must accept and abide by these terms as presented to you: changes, additions, or deletions are not acceptable, and My Instore Radio may refuse to allow You to use this site and / or the service for noncompliance with any part of the Agreement, including the Terms and Conditions and these Terms of Use.

Definition of the Service

The “Service” means My Instore Radio’s services through which business entities may access My Instore Radio using an MIR Media Player (the “MIR Media Player”) and / or an MIR Streaming App (the “MIR Streaming App”) via proprietary software, online portals / accounts, and apps (the “Software”) under the terms and conditions set forth in the Agreement, the Terms and Conditions and the Terms of Use.

User Account and Security

1. Account and Password
   As a registered user of the Service, You must establish a My Instore Radio account (“Your Account”). You are solely responsible for maintaining the confidentiality and security of Your Account. You should not reveal Your Account information to anyone else or use anyone else’s account. You are responsible for all activities that occur on or through Your Account, and You agree to immediately notify My Instore Radio of any unauthorized use of Your Account or any other breach of security. My Instore Radio shall not be responsible for any losses arising out of the use of Your Account. You shall not access or attempt to access an account that You are not authorized to access.
2. Your Account Information
   You agree to provide accurate, current, and complete information for Your Account. You further agree to maintain and update Your Account information as required to keep it accurate, current, and complete. My Instore Radio may terminate Your rights to the Service if any information You provide is false, inaccurate, or incomplete. You agree that My Instore Radio may store and use Your Account information for use in maintaining Your accounts and billing. My Instore Radio may contact You regarding Your Account, the Service or other offers from My Instore Radio. You may opt out of email contact from My Instore Radio.
3. Security
   You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any technologies associated with the Service, the MIR Media Player, The MIR Streaming App, the Software or any Content contained in the Service. You agree not to modify the Software or the MIR Media Player / MIR Streaming App in any manner or form, or to use modified versions of the Software or the MIR Media Player / MIR Streaming App, for any purposes including obtaining unauthorized access to the Service. My Instore Radio may monitor Your compliance with the Agreement, and My Instore Radio reserves the right to enforce the Agreement with or without notice to You including terminating your Service and Account. Violations of the Agreement and system or network security may also result in civil or criminal liability.
4. Use
   You agree that You are fully responsible for all activities that occur under Your user profile and password, including any integration or other use of third-party products, services, or rights (and related disclosure of data) in connection with the Service.

At the same time, You represent and warrant that:

5. You have obtained all necessary rights and permissions to submit any and all of Your data to the Software and to grant the rights granted to us in these Terms of use and
6. Your data, and Your submission and use thereof, will not violate (1) any laws, (2) any third party’s intellectual property rights, privacy, or other rights, or (3) any of My Instore Radio or third party’s policies or terms that regulates Your data.

Content

You are solely responsible for using Your My Instore Radio account to select music and to upload and manage ads, jingles, videos and still images (the “Content”) for Your business and ensuring that the Content is appropriate for the needs and sensitivities of Your business. My Instore Radio’s explicit Content feature is activated by default (Medium: Clean); however, You may change the default settings to adjust and thereby exclude certain music including explicit lyrics, content, topics, themes and innuendo etc.

Use of your data to provide the Service to You

You retain any rights to Your data and Your Content provided to the Service. To the extent necessary to provide the Service to you, you permit us to access, use, process, copy, distribute, reformat, perform, export, and display your data and Content including Your name and logo.
You can delete Your user profile or individual data by terminating the Agreement. If You delete Your user profile, the data and Content You have stored in Your account will be deleted.

Use that is not tolerated

Examples of use of the Service that is not tolerated:

1. Using the Service to violate the privacy of others, including storing, sharing, or collecting other people’s personal data without their express permission.
2. Using the Service to store, share or collect sensitive personal data, social security numbers or criminal record information.
3. Using the Service to harass or send direct, specific threats of violence against others.
4. Using the Service for any illegal purpose or in violation of any law.
5. Using the Service to share content that violates the intellectual property rights of others or that is harassing in nature.
6. Compromising the integrity of our Service, Software etc., including tampering with reverse engineering or hacking our Service or Software, circumventing security, or authentication measures, or attempting to gain unauthorized access to the Services, related systems, networks or data.

This list is not exhaustive and should be seen as indicative examples.

My Instore Radio’s Privacy Policy

Except as otherwise expressly provided for in the Agreement, the information You provide and that is collected through Your use of the Service is subject to My Instore Radio’s Privacy Policy, which can be found at https://myinstoreradio.com/privacy, which may be updated from time to time.

My Instore Radio’s right to limit use of the Service

My Instore Radio reserves the right to create restrictions on the use of the Service and the data and Content stored. This may be done at any time with or without notice at our sole discretion.
My Instore Radio have no obligation to monitor content uploaded to the Service. Nevertheless, My Instore Radio may (1) remove Your data from the Service or (2) suspend Your access to the Service if My Instore Radio deem such action necessary due to Your violation of the Agreement, including our policies, or in response on requests for removal that My Instore Radio receive. My Instore Radio will use reasonable efforts to provide You with advance notice of removals and suspensions whenever practicable, but if My Instore Radio determine that Your actions endanger the Service or the rights of others, we may suspend Your access or remove Your data and Content immediately without notice. My Instore Radio have no liability to You in the event that My Instore Radio delete Your data or suspend your access to the Service.

Changes

My Instore Radio reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify the Agreement and to impose new or additional rules, policies, terms, or conditions on Your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions will be effective immediately upon notification of such additional terms.
Your continued use of the Service following these updates will be deemed to constitute Your acceptance of any and all such additional terms. All additional terms are hereby incorporated into the Agreement by this reference, and all references to the Agreement include the Additional Terms.

Governing Law

All disputes arising out of or in connection to the Agreement or its appendixes shall be tried at the Court of Aarhus as first court instance. Disputes are to be tried under Danish national law, excluding international private laws and the Convention on Contracts for the International Sale of Goods.