My Instore Apps ApS Streaming Service Agreement
Definition of the Service
System and Equipment Requirements
Use of the Service requires the following items, which may change from time to time and which are Your responsibility:
- An active My Instore Radio account in good standing for receipt of the Service.
- A computer with web browsing capabilities by which to manage You’re My Instore Radio account.
- A MIR Media Player that has been issued to You directly by My Instore Radio.
- Wired Broadband Internet access. Internet access is not included as part of the Service, and third-party fees may apply. Because use of the Service involves software and Internet access, Your ability to use the Service may be affected by the performance of Your broadband service. My Instore Radio is not responsible for Service interruptions caused by disruptions of Your internet service.
- A sound system, including one or more amplifiers with an RCA input.
You are solely responsible for using Your My Instore Radio account to select digital sound recordings (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; however, You may change the default settings. If you experience offensive or questionable language, You must contact My Instore Radio and give My Instore Radio the opportunity to respond and solve the challenge. You are responsible for and hereby release My Instore Radio from any and all claims or liability relating to explicit lyrics, Content, topics, themes and innuendo included within the Service that may be objectionable to You, Your employees or Your clientele.
My Instore Radio warrants the MIR Media Player to be free from original defects in material for a period of one (1) year after the shipping date (the “Warranty Period”). You agree to contact the My Instore Radio’s Support and Customer Care to troubleshoot the MIR Media Player. My Instore Radio shall, in its sole discretion, replace defective MIR Media Players, which shall be My Instore Radio’s sole liability and Your exclusive remedy hereunder. The warranty does not cover: the Service, any equipment other than the MIR Media Player; damage to the MIR Media Player caused by the negligent or willful acts of You, Your employees, agents or business invitees; theft; vandalism; water (or other liquids); fire; lightning; wind; snow; acts of God; or power surges. Failure to protect the MIR Media Player from power surges will void any warranty hereunder.
You agree to ensure that the Service is not transmitted, re-transmitted or amplified beyond the location(s) identified on Your Account or copied or modified in any manner or by any means. My Instore Radio shall pay applicable copyright license fees, however, the licenses that My Instore Radio provides do not cover any music used by You in the following ways: (a) music used by a DJ or VJ or to displace a live orchestra; (b) music used in areas of a Service location where an admission fee or cover charge is charged; (c) music used to accompany dancing (including ballrooms, discotheques and dance studios), bowling, skating or instructed health club classes; or (d) music included in commercial television programming or digital signage. In the event that You use the Service in connection with any of the foregoing uses, You are responsible for obtaining Your own performance rights licensing. If You are unsure if Your business will be covered by our licensing, please call us to confirm before purchase. In countries where You as the user have to pay an additional copyrights fee based on the sales area and/or number of employees, You are responsible for obtaining Your own performance rights licensing.
MIR Media Player
You agree to access the Service using only the MIR Media Player issued directly to You by My Instore Radio. The MIR Media Player is not transferrable, and you are prohibited from using another media player to access the Service and from transferring Your MIR Media Player to any other person or entity. In the event a MIR Media Player other than the one issued to you directly comes into Your possession, You must agree to contact My Instore Radio to arrange for the return or exchange of the MIR Media Player.
Existing My Instore Radio Customers
If You are an existing My Instore Radio customer, registration for the Service will not affect Your existing My Instore Radio account or Your existing agreement with My Instore Radio, which shall remain in full force and effect.
User Account and Security
- 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.
- 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.
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 Software or any Content contained in the Service. You agree not to modify the Software or the MIR Media Player in any manner or form, or to use modified versions of the Software or the MIR Media Player, 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.
At the time You register for the Service, You will be charged for the MIR Media Player and/or the first 6 months of Service plus applicable sales tax and freight. Each subsequent month, You will be charged for that month’s Service (the “Monthly Renewal Date”). Your Service shall extend and renew on a monthly basis under the same terms and conditions and You will be charged on the Monthly Renewal Date for each month thereafter until You terminate the Agreement. Should You terminate the Agreement on a date other than the Monthly Renewal Date, Your Service will continue until the next Monthly Renewal Date, and no rebate or refund (partial or otherwise) will be available. In the event You terminate the Agreement and return the MIR Media Player within the first 30 days of Service, My Instore Radio will provide you with a refund for all Service and Equipment fees and sales tax you have paid, but not any freight charges you may have incurred.
Agreement to Pay
- Payment for Service
You agree to pay for the Service and/or any MIR Media Player(s) that You purchase, and for any additional amounts (including any freight charges, and sales taxes, if applicable) as may be accrued by or in connection with Your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES. All fees will be billed to You during the registration process or at any time thereafter. There may be a temporary disruption of Your access to the Service until My Instore Radio can verify the payment.
- Right to Change Prices and Availability of Service
Prices and availability of the Service are subject to change at any time upon thirty (30) days’prior notice.
- Signatures and Contracts
Your use of the Service includes the ability to enter into agreements and/or to make transactions. YOU ACKNOWLEDGE THAT YOUR SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS AND THAT YOU ARE AUTHORIZED TO ENTER INTO THE AGREEMENT. YOUR AGREEMENT AND INTENT TO BE BOUND BY SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE AND THROUGH THE SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
- In order to access and retain Your electronic records, You may be required to have certain hardware and software, which are Your sole responsibility.
- Acknowledgement and Ownership
You agree that the Service, including but not limited to Content, metadata and graphics, contains proprietary information and material that is owned by My Instore Radio and/or licensors, and that is protected by applicable intellectual property and other laws, including but not limited to copyright, patent, and trade secret laws, and that You will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of the Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, or distribute the Service, or create derivative works based on the Service, in any manner, and You shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
All copyrights in and to the Service, the Content, the Software and the MIR Media Player, are owned by My Instore Radio, who reserve all their rights in law and equity. The use of the software, the MIR Media Player or any part of the service, except for use of the service as permitted in the agreement, is strictly prohibited and infringes on the intellectual property rights of My Instore Radio and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.
My Instore Radio and trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of My Instore Apps ApS in Denmark and/or other countries. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
- Termination by My Instore Radio
If You fail, or My Instore Radio suspects that You have failed, to comply with any of the provisions of your Agreement, including but not limited to failure to make any payment due, failure to safeguard Your Account information, violation of any license to the Software, or infringement or other violation of third parties’ rights, My Instore Radio, at its sole discretion, without notice to You may: (i) terminate the Agreement and/or Your Account, and You will remain liable for all amounts due under Your Account up to and including the Monthly Renewal Date following the date of termination; and/or (ii) terminate the right to use the Software; and/or (iii) de-authorize the MIR Media Player or otherwise preclude access to the Service (or any part thereof). My Instore Radio may charge You a reconnection fee in the event Your Account is terminated as a result of Your failure to pay fees due under the Agreement, or Your breach or violation of any of the provisions of the Agreement.
- Termination of the Service
My Instore Radio reserves the right to modify, suspend, or discontinue the Service at any time upon thirty (30) days’ notice to You, and My Instore Radio will not be liable to You or to any third party should it exercise such rights. You may terminate Your access to the Service at any time by Emailing My Instore Radio’s Support and Customer Care.
General Compliance with Laws
You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to Your use of the Service.
Compliance with the Agreement
Disclaimer of Warranties; Liability Limitations.
- NONE OF My Instore Radio GUARANTEES, REPRESENTS, OR WARRANTS THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT My Instore Radio MAY CANCEL THE SERVICE AT ANY TIME, UPON THIRTY (30) DAYS NOTICE.
- YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
- IN NO CASE SHALL My Instore Radio AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PARTNERS OR LICENSORS (THE “COVERED ENTTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICE OR THE MIR MEDIA Player OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR THE MIR MEDIA Player, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE COVERED ENTITIES’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT WILL My Instore Radio’s LIABILITY FOR BE GREATER THAN THE FEES PAID BY YOU TO My Instore Radio DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH CLAIM OR ACTION.
- My Instore Radio SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICE, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND THE COVERED ENTITIES HEREBY DISCLAIM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
- NONE OF THE COVERED ENTITIES REPRESENTS OR GUARANTEES THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SUCH ENTITIES DISCLAIM ANY LIABILITY RELATING THERETO.
Waiver and Indemnity
BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD THE COVERED ENTITIES HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THEAGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY My Instore Radio AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THE AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THE AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM ANY COVERED ENTITY AS A RESULT OF ITS DECISION TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF My Instore Radio’s CONCLUSION THAT A VIOLATION OF THE AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THE AGREEMENT.
Use of Your Name
As You subscribe to the Service, My Instore Radio may use Your name and/or logo to identify You as a customer of the Service.
The Agreement may not be assigned by You without the written consent of My Instore Radio; however, the Agreement is fully assignable by My Instore Radio. Subject to the foregoing regarding assignment, the Agreement shall inure to the benefit of and be binding upon Your successors and assigns.
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.
My Instore Radio may send You notice with respect to the Service by sending an email message to the email address listed in Your Account information, by sending a letter via postal mail to the mailing address listed in Your Account information, or by posting updated Terms of Service at www.myinstoreradio.com/terms-of-use. Notices shall become effective immediately.
All disputes arising out of or in connection to the agreement 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. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with My Instore Radio or relating in any way to Your use of the Service resides in the courts of the city of Aarhus in Denmark.