TERMS AND CONDITIONS
These terms and conditions (“Terms”) set out the rights, obligations and restrictions that apply between the User and the Company when the User accesses the Company’s “Website” at www.warm.ninja and/or accesses, uses or downloads any of the data and services (“Services”) provided by the Company to the User under a Subscription (as defined below).
In order to use the Services, you need to (a) be 18 or older, or be 13 or older and have your parent or guardian’s consent to these Terms and (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 the Company is true, accurate and complete, and you agree to keep it that way at all times.
As a paying customer, the Company will provide to you relevant information regarding price, delivery procedure and cancellation options on a case–by-case basis, before completing the payment for your purchase. Any purchase will be effective upon the processing of your payment.
Unless otherwise specifically provided by us, our licence to you under these Terms is personal to you and allows you to access and use the Application and the Services only on the Device on which the software was first installed. The licence is not transferrable to another person or another Device without our agreement, which will only be given in exceptional circumstances, or if otherwise expressly provided in these Terms.
Waiver of Revocation of Purchase
In some countries, e.g. member states of the European Union, customers may have the right to revoke the Subscription within a certain period of purchase, if they have not logged in or otherwise redeemed or started to consume them.
When you purchase the Services or when you start using the Services, whichever comes first in time, you hereby agree to waive any right to a limited period in which you could revoke your purchase or claim a refund upon cancellation of your purchase (also known as a cooling off period) (if any) available to you under any applicable e-commerce regulations or consumer protection laws. In the event a waiver of these rights is prohibited under the law, this cooling off period shall be limited to seven (7) days or (if shorter) the minimum period permitted by law.
The Company may change, suspend or discontinue any aspect of the Services at any time, including the availability of any feature, database and/ or content. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without liability. Where these changes or suspensions would amount to a termination of the Services you may be entitled to a refund of the reasonable part of any charges paid by you.
The User may not reproduce (other than as authorised for own usage), publish, transmit, distribute, publicly display, rent or lend, modify, any data delivered by the Company, sell or participate in the sale of or exploit in any way, in whole or in part, directly or indirectly, any of the Services provided by the Company.
Rights of use (the Company)
The Company is reserving the right to use the created fingerprints, e.g. for monitoring and the results obtained for generating statistical data for radio channels, areas or regions and to further monetize these statistics.
Availability of Services
We will do our best to offer you a smooth service, but we give no guarantees that the Service will be fault free or that the Services will be uninterrupted. If a fault does occur, please report it to Customer Services at Support@warm.ninja, and we will attempt to correct the fault as soon as we reasonably can. We will occasionally restrict your access to the Website or to the Services to carry out repairs, maintenance or to introduce new functionality or services and we will endeavour to keep disruption to a minimum.
New Services are subject to a period of testing. This means that new Services may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software “bugs” being fixed by us and may have other issues affecting availability and functionality.
The Services licensed by the Company to the User are property of the Company. The User is granted a limited, non-exclusive, revocable, non-transferable (without the right to sublicense) licence to use the Services. Except as expressly authorised by the Company, the User may not copy, modify, translate, reproduce, distribute, publish, broadcast, perform, display, sell, assign, lease or sub-license the content of the Services, in whole or in part.
Legal Protection and Waiver of Liability
THE USE OF THE SERVICES IS AT THE USER’S SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND STATUTORY REMEDIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) DELIVERY OF ANY PORTION OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (v) THE DATA PROVIDED COVERS ALL THE SONGS WHICH YOU HAVE REQUESTED BE MONITORED AT ALL RADIO STATIONS THAT THE COMPANY MONITORS OR DOES NOT MONITOR AND THAT THE NUMBER OF TIMES PLAYED STATED IN DATA IS CORRECT; (vi) ANY ERRORS IN THE DATA WILL BE CORRECTED; (vii) ANY PORTION OF THE SERVICES WILL BE OF SATISFACTORY QUALITY OR FAULT FREE OR UNINTERRUPTED OR SATISFY ANY CONDITIONS OF QUALITY AND FITNESS FOR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM THE COMPANY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Under no circumstances will the Company, any subsidiaries and affiliates, suppliers, and their respective owners, officers, manager, members, agents and employees, be liable to the User for loss of profits, business interruptions, loss of business information, loss of business, opportunity or other pecuniary loss, loss of data or any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses, whether based in contract, tort or otherwise, arising out of or in connection with the use of, or inability to use, the Services, any content delivered to the User, whether or not the Company has been advised of the possibility of such damages or loss. In any event, the Company’s liability to the User shall be limited to typical and foreseeable damage and shall not exceed the fees for a three (3) months Subscription period.
The User hereby agrees to indemnify and hold harmless, and upon request, defend, (1) the Company, its affiliates and its respective directors, officers and employees; and (2) the providers of the data, from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of any claim, action, or proceeding brought by a third party based on a breach of any warranty, representation, covenant or obligation by the User under these Terms.
We may assign our rights and obligation under these Terms without your prior consent to any new provider of the Services.
Termination of Contract
These Terms will continue to apply until terminated by either of the parties. The Company may terminate the Terms or suspend access to the Services at any time. If the User or the Company terminates the Terms, or if the Company suspends the User’s access to the Service, the User agrees that the Company shall have no liability or responsibility and the Company will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.
Dispute Resolution, Applicable Law and Legal Venue
These Terms shall be governed by the laws of Denmark without regard to its conflict of law provisions. Any lawsuits between the parties to this contract can only be filed to and brought before the court of Denmark, which is the only applicable legal venue for any dispute between the parties.
Jan 15, 2017
What information do we collect?
User registration and customer support
When you register to use the Company’s website or application or contact us for support, the Company collects information that identifies you. This may include your name, company name, email address, or payment information.
The Company’s websites and applications
We collect information about how you use our websites and applications. We may collect information that your browser or device typically sends to our servers whenever you visit the Company’s website, or application which utilizes online features. For example, your browser or device may tell us your IP address (which may tell us generally where you are located) and the type of browser and device you’ve used. When you visit the Company’s website, your browser may also tell us information such as the page that led you to our website and, if applicable, the search terms you typed into a search engine that led you to our website. The Company may collect information about how you use our websites and applications, and our servers may collect similar information when you are logged in to the website or application. Depending on the website or application, this information may be anonymous (e.g. product improvement and problem reporting) or it may be associated with you in case of using a registered service.
The Company’s Product Activation
When you activate the Services, we collect certain information about the Services, used device, and your selected account (your name, your email address). Some of our products include features that connect to our servers and offer you the ability to install updates to the product. We may keep track of information such as whether the update was successful or not.
The Company’s emails
E-mails we send you may include a web token that tells the Company whether you have received or opened the email, or clicked a link within the email.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
Providing you with the Company’s websites and applications for which you have registered, as well as any services, support, or information you have requested; Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the product or service requested.
Better understanding how our websites and applications are being used so we can improve them
Diagnosing problems in our websites and applications
Tailoring a website or application to your likely interests
Sending business messages to you such as those related to payments or expiration of your subscription
Sending you information about the Company, new application releases, special offers, and similar information
Reducing fraud, software piracy, and protecting our customers as well as the Company
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
Your private information (e.g. credit cards, financials, etc.) will never be stored on our servers.
Do We Disclose Any Information to Outside Parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, as long as those parties agree to keep these information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
How can I review, update, or delete my personal information?
Many of our websites and applications allow you to edit your personal information by accessing the “my account,” “my profile,” or similar feature of the website or application you are using.
Note that we need to retain certain records for legal or internal business reasons and that some of your information may remain on backup systems, in compliance with applicable law.
We will retain your personal information for as long as necessary to provide you with the websites and applications you are eligible to use, or as needed to comply with our legal obligations or enforce our agreements.