1. Who is My Instore Radio.
2. What does My Instore Radio provide.
4. Entering into the agreement and right to terminate the agreement
5. Technical demands.
8. Proprietary and intellectual property rights.
10. Third party rights.
11. User information.
12. Representations and Warranties of the User
15. Miscellaneous provisions.
16. Governing Law.
1. WHO IS MY INSTORE RADIO
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.
3.1 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.
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.
6.1 If you would like to complain about My Instore Radio, please contact our support service at firstname.lastname@example.org. My Instore Radio will do its utmost to reply promptly.
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.
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.
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.
To My Instore Radio:
My Instore Apps ApS
To you, as specified on the filled in Sign Up information provided by you.
15. MISCELLANEOUS PROVISIONS
15.1 No Assignment
15.4 Entire Agreement
16. GOVERNING LAW
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.