Terms of Use

Before registering and initiating the use of My Instore Radio from the website under the domain name www.myinstoreradio.com (hereinafter ”My Instore Radio”), you need to read and accept these Terms of Use.
After registering and/or initiating the use of My Instore Radio, you are subject to these Terms of Use.

1. Who is My Instore Radio.
2. What does My Instore Radio provide.
3. Prices.
4. Entering into the agreement and right to terminate the agreement
5. Technical demands.
6. Complaints.
7. Content
8. Proprietary and intellectual property rights.
9. License.
10. Third party rights.
11. User information.
12. Representations and Warranties of the User
13. Remedies.
14. Notices.
15. Miscellaneous provisions.
16. Governing Law.
17. Venue.

1. WHO IS MY INSTORE RADIO

1.1 My Instore Radio is a trademark of the company situated My Instore Apps ApS, situated at Montanavej 10, DK-7190 Billund, company reg. no. 33867263, delivering products and services for you to be able to have instore radio solutions in your enterprise. When referring to My Instore Radio in these Terms of Use as a party, this means the company My Instore Apps ApS.

2. WHAT DOES MY INSTORE RADIO PROVIDE

2.1 My Instore Radio provides a unique and cost-effective instore solution for your business. It allows you to assemble a radio station that is entirely yours, with music 100% adapted to your store and combined with your very own ads and jingles, you can weight different categories, upload ads, etc. with a specified time-lag. It further allows you to take and maintain control of the hardware and the content.

2.2 With the “Limited” or “Pro” subscription, you will be able to design the radio station yourself. With the “Advanced” subscription, My Instore Radio will assist you in the designing phase.

2.3 You will receive the music stream from our database. We have made sure that you can legally receive this by streaming from us. Still, when broadcasting music on the radio in your enterprise, you must pay the relevant collective rights management society (that administers creator’s and publisher’s copyrights when performed publicly) a royalty according to the applicable law and applicable rules of the relevant management society. If in Denmark, please see details at Koda’s website www.koda.dk. Thus, you need to pay the relevant collective rights management society (that administers creator’s and publisher’s copyrights when performed publicly) in your country and thereby obtain the right to legally broadcast music on the radio station in your enterprise in your country. My Instore Radio will not pay or otherwise indemnify any of the fees, royalties or other charges imposed on you.

3 .PRICES

3.1 All prices indicated are exclusive of VAT.

4. ENTERING INTO THE AGREEMENT AND RIGHT TO TERMINATE THE AGREEMENT

4.1 By the time you have completed the Sign Up information on My Instore Radio website, including the form, the account and payment information and the coupon code on prices, chosen subscription type and terms of payment, you have entered into an agreement with My Instore Radio and have purchased My Instore Radio products and services.

4.2 You will be able to terminate the agreement by deleting your “account” at My Instore Radio. Fees, costs and other paid and/or due prior to deleting the “account” will not be refunded.

4.3 My Instore Radio will be able to terminate this Agreement immediately in case of your material breach of your obligations under the Terms of Use, and otherwise with 14 days prior written notice.

5. TECHNICAL DEMANDS

5.1 In order to be able to fully use My Instore Radio products and services you must have permanent Internet access and a steady computer.

6. COMPLAINTS

6.1 If you would like to complain about My Instore Radio, please contact our support service at support@myinstoreradio.com. My Instore Radio will do its utmost to reply promptly.

7. CONTENT

7.1 My Instore Radio will maintain and develop My Instore Radio products and services to the best of its ability.

7.2 My Instore Radio will endeavor to make sure that the content of the My Instore Radio website and the frames for your designed radio station at any time are correct, up-to-date and in compliance with applicable law.

7.3 My Instore Radio explicitly disclaims any liability for the correctness of the information, the usability of the online and/or radio applications and/or any other service or product provided by means of My Instore Radio, and that My Instore Radio products and services and its functions may be used without any interruptions or failure, hereunder as a result of inaccuracy, state, saleability and fitness for particular purposes.

7.4 Thus, My Instore Radio is not liable for your future loss of profit, income or any kind of indirect loss which may arise out of or in connection with your use of My Instore Radio products or services.

8. PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS

8.1 My Instore Radio products and services and the related proprietary and intellectual property rights, including but not limited to copyrights to text, layout, drawings, images, databases, audio and video contained at the My Instore Radio website, domain name rights, and registered as well as unregistered trademark rights and feature rights in names and logos, used by My Instore Radio (hereinafter ”the Proprietary and Intellectual Property Rights”), are the proprietary rights of My Instore Radio.

8.2 My Instore Radio is at any time at liberty to transfer, in whole or in part, all the above Proprietary and Intellectual Property Rights to third party without notice and information to you. Further, My Instore Radio is at any time at liberty to change or modify, in whole or in part, all the above Proprietary and Intellectual Property Rights without notice and information to you.

8.3 By registering and/or starting to use My Instore Radio products or services, you acknowledge the Proprietary and Intellectual Property Rights and simultaneously declare that you will at all times – while using My Instore Radio products or services and subsequently – observe and respect the Proprietary and Intellectual Property Rights.

8.4 My Instore Radio gives you access to streaming from a database of various music, divided by music genre, etc., that can be used as a part of the content on your designed radio station. Please see 2.3 for further information.

9. LICENCE

9.1 Under these Terms of Use My Instore Radio hereby grants you the right to use My Instore Radio’s music database when streamed via the My Instore Radio products and services to design and broadcast your radio station. You are not allowed to make copies or otherwise reproduce the music database or any parts hereof.

9.2 You acknowledge and accept that you are not under these Terms of Use granted any right to use the Proprietary and Intellectual Property Rights of My Instore Radio other than by using the My Instore Radio products and services subscribed for, and that any unauthorized use may form the basis of a claim for damages, remuneration and compensation.

10. THIRD PARTY RIGHTS

10.1 My Instore Radio does not guarantee that your use of My Instore Radio products and services does not infringe third party rights, hereunder but not limited to copyrights.

10.2 Consequently, My Instore Radio is under no obligation to indemnify you in the event that third party sets up a claim against you as a result of your use of My Instore Radio products or services.

11. USER INFORMATION

11.1 Any kind of disclosure, information or material which you – regardless of form – may forward to My Instore Radio is and will be treated as non-confidential and un-copyrighted.

11.2 My Instore Radio is entitled to use, free of charge and without any further consent, any kind of disclosure, information and material that you may have forwarded to My Instore Radio.

11.3 However, My Instore Radio must at any time comply with the applicable law on personal data processing.

11.4 My Instore Radio’s Personal Data Policy is available on the website under the domain name www.myinstoreradio.com/privacy.

12. REPRESENTATIONS AND WARRANTIES OF THE USER

12.1 You represent and warrant to My Instore Radio that:

a) you are duly organized, validly existing and in good standing under the laws of your country of residence with full corporate power and authority to conduct your business as now conducted.
b) these Terms of Use have been duly executed by you and constitute a valid and binding obligation on you, enforceable in accordance with the terms herein.
c) You will pay the relevant collective rights management society (that administers creator’s and publisher’s copyrights when performed publicly) a royalty according to applicable law. If in Denmark, please see details at Koda’s website www.koda.dk, and thereby obtain the right to broadcast music on the radio station in your enterprise. If you are situated outside Denmark, you might still need to pay royalty in order comply with relevant rules when broadcasting the music in your enterprise. If the latter is the case, you hereby represent and warrant that this will be done.
d) you will only stream and broadcast by radio in your enterprise the music from the My Instore Radio music database, not copy or otherwise reproduce the music.
e) You guarantee that you will at all times comply with the legislation in force and that you will not in any manner initiate the use of or use My Instore Radio products or services or any parts hereof for unlawful, amoral or otherwise illegal purposes.
13. REMEDIES
13.1 Material breach of these Terms of Use will result in your obligation to pay liquidated damages (konventionalbod) of DKK 250.000,- instantly. Further, you will be obliged to pay damages in accordance with general principles under Danish law, for the amount exceeding the liquidated damages paid.

14. NOTICES

14.1 A notice under these Terms of Use shall only be effective if it is in writing.

14.2 Notices under these Terms of Use shall be sent to a party at its address or fax number and for the attention of the individual/department set out below:

To My Instore Radio:

My Instore Apps ApS
Montanavej 10
7190 Billund
Denmark
E-mail: support@myinstoreradio.com
For the attention of “Terms of use – notices”

To you, as specified on the filled in Sign Up information provided by you.

15. MISCELLANEOUS PROVISIONS

15.1 No Assignment
15.1.1 You are not entitled to assign your obligations and rights under these Terms of Use.

15.2 Severability
15.2.1 If any provision of these Terms of Use is deemed to be invalid, void or unenforceable, the remaining provisions of these Terms og Use shall not be affected thereby but shall remain in full force and effect and be binding upon you.

15.3 Interpretation
15.3.1 The Sign Up information, including your completion of the form, the account and payment information and the coupon code on prices, chosen subscription type and terms of payment, forms an integral part of these Terms of Use and shall have the same force and effect as if set out in the body of these Terms of Use, and any reference to these Terms of Use shall include the former.

15.3.2 The descriptive headings herein are inserted for convenience of reference only and are not intended to be part of, or to affect the meaning, construction or interpretation of these Terms of use.

15.4 Entire Agreement
15.4.1 These Terms of Use and any other documents and information referred to in these Terms of Use constitute the whole and only agreement between you and My Instore Radio relating to the subject matter of these Terms of Use.

15.4.2 You acknowledge that when entering into these Terms of Use, you are not relying on any pre-contractual statement or the like which is not set out in these Terms of Use.

16. GOVERNING LAW

16.1 These Terms of Use shall be governed by and construed in accordance with Danish law, disregarding provisions leading to another choice of law than Danish law.

17. VENUE

17.1 Any dispute arising out of or in connection with this agreement, including any disputes regarding its existence, validity or termination, shall be settled by the ordinary Danish courts, with the city court of Kolding as the first instance.

17.2 The language of the litigation shall be English.