IMLAS Terms & Conditions of Use
Effective as from 1 June 2017
In order to use the IMLAS Service, you need to (a) be 18 or older, or be 13 or older and have your parent or guardian’s consent to these Terms, (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws. You also warrant that any registration information that you submit to IMLAS is true, accurate and complete, and you agree to keep it that way at all times.
Changes to the Agreements
Occasionally we may, in our discretion, make changes to the IMLAS Service and Agreements. When we make changes to the Agreements that we consider material, we’ll notify you through the Service. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes.
Here’s some information about all the ways you can enjoy IMLAS.
IMLAS account holders may access the IMLAS Service by any of our several Subscriptions:
Webradio Service: a subscription fee-based service;
3.2 Codes and other Limited Offers
If you have purchased a code sold by or on behalf of IMLAS for access to the Webradio Services for the time period indicated on your email, card or paper receipt (“Code”), or if you are accessing the service through some other limited offer which you received or purchased from IMLAS (“Limited Offer”), these Agreements apply to your access to the Service. Any separate sets of terms and conditions presented to you along with the Code or other Limited Offer also apply to your access to the Service using the Code or Limited Offer.
Subject to any rights you may have under Section 12, Codes are only redeemable in the country where you purchased such Code, not redeemable for cash and may not be returned for a cash refund, exchanged, resold or used to purchase other Codes.
From time to time, we may offer trials of the Webradio Service for a specified period without payment (a “Trial”). IMLAS reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability.
For some Trials, we’ll require you to provide your payment details to start the Trial. At the end of such Trials, we may automatically start to charge you for the Webradio Service on the first day following the end of the Trial, on a recurring monthly basis. By providing your payment details in conjunction with the Trial, you agree to this charge. If you do not want this charge, you must stop using your Webradio Service before the end of the Trial.
Licence and assignment
The IMLAS Service and the content provided through it are the property of IMLAS or IMLAS’s licensors, and we grant you a limited, non-exclusive, revocable licence to make commercial use of the IMLAS Service and to receive the media content made available through the IMLAS Service in your local country (as described in your application to use the IMLAS Service), based on the Subscription or Trial you have selected (the “Licence”). This Licence shall remain in effect for a period of 20 years unless terminated by you or IMLAS.
The IMLAS software applications are licensed, not sold, to you, and IMLAS retains ownership of all copies of the IMLAS software applications even after installation on your Devices. IMLAS may assign these Agreements or any part of them without restrictions. You may not assign these Agreements or any part of them, nor transfer or sub-license your rights under this Licence, to any third party.
All IMLAS trademarks, service marks, trade names, logos, domain names, and any other features of the IMLAS brand are the sole property of IMLAS. This Licence does not grant you any rights to use the IMLAS trademarks, service marks, trade names, logos, domain names, or any other features of the IMLAS brand, whether for commercial or non-commercial use.
You agree to abide by our User Guidelines and not to use the IMLAS Service (including but not limited to its content) in any manner not expressly permitted by the Terms.
Third party software libraries included in the IMLAS Service are licensed to you either under these Terms, or under the relevant third party software library’s licence terms as published in the help or settings section of our desktop and mobile client and on our website.
The Webradio service is not available to certain types of user and some users will have to enter into a different type of agreement with IMLAS. That will be made clear on your application form and if you have any queries you can contact us.
Third Party Applications
In consideration for the rights granted to you under these Terms, you grant us the right (a) to allow the IMLAS Service to use the processor, bandwidth and storage hardware on your Device in order to facilitate the operation of the Service, (b) to provide advertising and other information to you, if you subscribe to the Webradio Service, and (c) to allow our business partners to do the same.
These Terms are not intended to grant rights to anyone except you and IMLAS, and in no event shall these Terms create any third party beneficiary rights. Any failure by IMLAS to enforce these Terms or any provision thereof shall not waive IMLAS’s right to do so.
We’ve established a few ground rules for you to follow when using the Service, to make sure IMLAS stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.
IMLAS respects intellectual property rights and expects you to do the same. This means, for example, that the following is not permitted: (a) Copying, reproducing, “ripping”, recording, or making available to the public (other than e in the Stores specified in the IMLAS Certificate) any part of the IMLAS Services or content delivered to you via the IMLAS Services, or otherwise any making use of the IMLAS Service which is not expressly permitted under these Terms; (b) using the IMLAS Service to import or copy any local files you do not have the legal right to import or copy in this way; (c) reverse-engineering, decompiling, disassembling, modification or creating derivative works based on the IMLAS Services or any part thereof; (d) circumventing any technology used by IMLAS, its licensors, or any third party to protect content accessible through the Service; (e) renting or leasing of any part of the Services; (f) circumventing of any territorial restrictions applied by IMLAS; (g) artificially increasing play count or otherwise manipulating the Services by using a script or other automated process; (h) removing or altering any copyright, trademark or other intellectual property notices contained on or provided through the IMLAS Service; (i) providing your password to any other person or using any other person’s user name and password.
Please respect IMLAS and other users of the IMLAS Service. Don’t engage in any activity on the Service, including registering and/or using a username, which is or includes material that (a) is offensive, abusive, defamatory, pornographic or obscene; (b) is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to, violations of intellectual property rights, privacy rights or proprietary rights of IMLAS or a third party; (c) includes personal data of third parties or is intended to solicit such personal data, (d) includes malicious content such as malware, trojan horses or viruses, or otherwise interferes with any user’s access to the Service; (e) is intended or does harass or bully other users; (f) impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading; (g) uses automated means to artificially promote content; (h) involves the transmission of unsolicited mass mailing (“spam”), junk mail, chain letter, or similar, including through the IMLAS inbox; (i) involves commercial or sales activities, such as advertising, contests, sweepstakes, or pyramid schemes; (j) promotes commercial products or services; (k) interferes with the IMLAS Service, tampers with or attempts to probe, scan, or test for vulnerabilities in the Service or IMLAS’s computer systems or network, or breaches any of IMLAS’s security or authentication measures, or (l) conflicts with the Agreement, as determined by IMLAS. You agree that IMLAS may also reclaim your username for any reason.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please email email@example.com immediately and change your password as soon as possible.
IMLAS respects the rights of intellectual property owners.
Technology limitations and modifications
IMLAS will make reasonable efforts to keep the IMLAS Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. For these reasons, IMLAS reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the IMLAS Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the IMLAS Service or any function or feature thereof. You understand and agree that IMLAS has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
Payments, cancellations and cooling off
If you reside in a Country which is part of the European Union and have purchased a Webradio Service Subscription, you have the right to change your mind and receive a full refund within fourteen (14) days of purchase (the “Cooling-off Period”), but only if you have not logged in or otherwise redeemed or started to use the IMLAS Service.
If you have a Paid Subscription, your payment to IMLAS will automatically renew at the end of the subscription period, unless you cancel your Webradio Service Subscription through your subscription before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be unable to use the Webradio Service from that day. However, if you cancel your payment and/or terminate the Terms after the Cooling-off Period is over (where applicable), and/or before the end of the subscription period, we will not refund any subscription fees already paid to us.
IMLAS may change the price for the Webradio Service Subscription from time to time, and will communicate any price changes to you. Price changes for Webradio Service Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the IMLAS Service after the price change takes effect, you accept the new price.
Term and termination
These Terms will continue to apply to you until terminated by either you or IMLAS. IMLAS may terminate the Terms or suspend your access to the IMLAS Service at any time, including in the event of your actual or suspected unauthorised use of the IMLAS Service or non-compliance with the Terms. If you or IMLAS terminate the Terms, or if IMLAS suspends your access to the IMLAS Service, you agree that IMLAS shall have no liability or responsibility to you and IMLAS will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your IMLAS account, please email firstname.lastname@example.org
We endeavour to provide the best service we can, but you understand and agree that THE IMLAS SERVICE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE IMLAS SERVICE AT YOUR OWN RISK. IMLAS DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, IMLAS does not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third Party Application content, User Content, or any other product or service advertised or offered by a third party on or through the IMLAS Service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that IMLAS is not responsible or liable for any transaction between you and third-party providers of Third Party Applications or products or services advertised on or through the IMLAS Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from IMLAS shall create any warranty on behalf of IMLAS in this regard. Some aspects of this section may not apply in some jurisdictions.
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the IMLAS Service, the Third Party Applications or the Third Party Application content is to uninstall any IMLAS software and to stop using the IMLAS Service, the Third Party Applications or the Third Party Application content.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL IMLAS, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE IMLAS SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER IMLAS HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE IMLAS SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO IMLAS DURING THE PRIOR THREE MONTHS IN QUESTION.
Nothing in these Agreements removes or limits IMLAS’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence. Some aspects of this section may not apply in some jurisdictions.
These Agreements constitute all the terms and conditions agreed upon between you and IMLAS and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Agreements in any written or oral communication from you to IMLAS are void. You represent that you have not accepted the Agreements in reliance on any oral or written representations made by IMLAS that are not contained in the Agreements.
Please note, however, that other aspects of your use of the IMLAS Service may be governed by additional agreements. That could include, for example, access to the IMLAS Community for customer support, access to the IMLAS Service as a result of a gift card, or free or discounted Trials. You will agree to separate terms and conditions in those circumstances. Those terms and conditions shall govern only with regard to the aspect of the Service to which they apply, and are distinct from and supplemental to these Agreements, and do not supersede these Agreements. To the extent that there is any conflict between those agreements and these Agreements, these Agreements shall control, except as otherwise provided in these Terms
Occasionally we may offer you the chance to participate in sweepstakes, contests, and surveys (“Special Promotions”) through the Service. Special Promotions may be governed by terms and conditions that are separate from these Terms. If the provisions of a Special Promotion’s terms and conditions conflict with these Terms, those separate terms and conditions shall prevail.
Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent then it will be deemed deleted asthough it had never been included and such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms.
Governing Law and Jurisdiction
This Agreement shall be governed by the laws of England and Wales. Any dispute related to its interpretation and execution shall be subject to the exclusive jurisdiction of the High Court in Estonia
Thank you for reading our Terms. We hope you enjoy IMLAS.
Copyright © 2017 IMLAS Ltd. All rights reserved.
IMLAS Ltd, Sepapaja 6, Tallinn 15551, Estonia