- initFM by IIS New Media Labs e.U. (“initFM”) is a broadcasting network and operates an interactive online platform to share content and engage with its audience.
- The network as well as the online platform are currently in a very early stage, i.e., certain functions do not work properly at the current time and there exists a higher probability for errors and problems to occur. Significant enhancement of the subject of the agreement (see point XII.1. Miscellaneous of these General Terms and Conditions), subject to the user’s consent, amended general terms and conditions will enter into force.
- In order to be able to use the complete spectrum of initFM’s offerings, a one-time registration shall be required (see point IV. Registration of these General Terms and Conditions).
- Certain content, including general descriptions of initFM are for viewing without registration
Validity of the General Terms and Conditions
- initFM offers the interactive online platform and mobile apps on the basis of these General Terms and Conditions. By registering, the user consents to the validity of initFM’s General Terms and Conditions.
- Neither the registration nor the use of the complete spectrum of products and services shall be possible without explicit consent to these General Terms and Conditions.
- These General Terms and Conditions shall apply to all points of access ([sub-]domains, mobile access) regarding initFM’s offering of products and services. In particular, the initFM online offering will be accessible via the following domains: init.fm
- These General Terms and Conditions shall be valid until cancelled in the currently valid version as of 20 August, 2014. initFM reserves the right to amend these General Terms and Conditions at any time. Following such amendment, the continued use of initFM's offering by any registered user is subject to such user's consent to such amended terms and conditions. At any time, the then-current version of the General Terms and Conditions is available for viewing on the initFM website.
Subject of the Agreement
a) Internet platform (label: initFM web-portal)
- i) Personal profile page, including personal details
- ii) Blog: Information about the company, products and news
iii) Other content:
- (1) About us: Short description of initFM
- (2) Contact feature for users
- (3) Feedback service
- (4) Links to other company related sites and social platforms/pages
- (5) General Terms and Conditions
b) Mobile applications (label: initFM apps)
- i) initFM offers applications (Applications) for Apple iPhones as well as, in the future, other smartphones on a global scale.
- ii) These applications can be used both isolated on the smartphone as well as in connection with the initFM web-portal.
- iii) Subject to the user's consent, relevant data is transmitted from the smartphone to the initFM web-portal and shared with other social networks (e.g., Facebook), respectively.
- iv) The user hereby confirms its knowledge that as a result of the transmission of data from the smartphone to the initFM web-portal, certain costs of the mobile carrier will be incurred that have to be borne by the user.
- v) Limitation: The service is only available to users of smartphones. Only the basic functionality of the application is available for free. Additional terms and conditions on the part of the mobile phone-providers apply.
c) Other services of initFM
- i) Newsletter: initFM will send newsletter to registered users. A user allows initFM with admission to these terms and conditions to send newsletters. The user can opt-out of receiving a newsletter in every edition. After opting out the user won't get newsletters from initFM anymore.
- a) In order to be able to use the online portal of initFM, a one-time, free registration is required.
- b) Only persons legally capable to enter into agreements on their own behalf shall be permitted to register with initFM. Minors may only register with initFM subject to the explicit consent of their parents or legal guardians. A written consent shall be sent by email to firstname.lastname@example.org.
- c) By registering, the user confirms its knowledge and the unlimited recognition of the content of these General Terms and Conditions.
- d) In principle, three ways of registration exist:
- i) Registration by use of the registration form
- ii) Adoption of registration details from supported social networks such as Facebook or Twitter.
- iii) ad i) The registration with initFM begins with a registration form. The user shall provide the details requested on such forms (e.g., first name, last name, date of birth) completely and correctly, unless such details are marked as voluntary. The registration is only possible by use of the civil name (hence no phantasy names or pseudonyms).
- iv) ad ii) Registration via supported social networks requires the confirmation that the selected details, which the user has already confirmed on Facebook, shall be adopted by the initFM. The user can subsequently add to or reduce such details in its own profile.
- e) Following successful registration, the user can log in to initFM by either (i) entering its user name or email address as well as the chosen password or (ii) log-in via Facebook/Twitter sign-in.
- f) If the registration has not been completed (e.g., as a result of missing personal details or the lack of consent to these General Terms and Conditions), initFM will delete the (partially) activated user account within a period of seven days.
- g) initFM reserves the right to reject users without giving reasons. In this event, any transmitted details will be deleted promptly.
- h) initFM is not responsible for the actual identity of the user, since personal identification via the internet is possible only to a limited extent. Each user shall itself confirm the identity of other users prior to entering into any form of interaction with such users (e.g., adding as a friend, writing messages). In this connection, the user shall observe the recommendations regarding the sharing of personal details.
Right of cancellation for consumers
a) If you as a User are registered at initFM for a purpose that is not related to either your commercial or professional freelance activity, the following provisions apply to you as a consumer in the sense of § 1 I Nr.2 of the KSchG (Austrian Consumer Protection Law):
- i) Right of withdrawal from contract: You may cancel your contractual agreement with initFM in writing (e.g., by letter, fax or email) within 7 (seven) working days without stating a reason. The seven working day period begins for contracts, that cover the supply of goods on the date of receipt by the consumer and for contracts for the provision of services with the date of contract. The contract can be canceled by sending timely notification to: IIS New Media Labs e.U., Reiterstrasse 16, 2753, Markt Piesting || eMail: email@example.com
- ii) Consequences of cancellation: In the event of a valid contract termination, services and fees provided by both parties are to be returned, and any economic advantages gained (e.g., interest) are to be repaid. If you are not able to return the services rendered fully or in part, or only in a lesser form, you are obligated to reimburse us for the value lost. This can mean that you are required to fulfill the contractual payment obligations for the time period until cancellation. Obligations to reimburse costs must be fulfilled within 30 days. This period begins for you when you send your contract termination, for us when we receive it.
- b) Additional information : The User's right of cancellation lapses before the end of the right of cancellation period if the contract has been completely fulfilled to the satisfaction of both parties before the User exercises his or her right of cancellation.
Termination and Cancellation
- a) Each user shall have the right to terminate the use of initFM’s online platform at any time via its account settings. Such termination shall be confirmed once.
- b) Additionally, initFM reserves the right to cancel a membership for important reasons (e.g., gross breaches of user obligations – see point VII. Sanctions and Consequences Upon Breach of User Obligations of these General Terms and conditions).
- c) As a result of the termination of use or cancellation, all personal details (user account), provided by the user upon registration, shall be deactivated. Any details made public by the user will be (i) anonymized, i.e., it will be made clear that such details were provided by a deleted user, or (ii) deleted, in the event of cancellation.
- d) In the event of termination of the use of the initFM platform, upon request of the user, all saved personal details shall be irrevocably deleted. The user shall request such deletion by email sent to firstname.lastname@example.org with subject “Deletion Request”, which shall include the email address provided to initFM.
User Obligations and Conduct
a) The user of the initFM platform shall be required,
- i) to truthfully provide, and keep current, its registration details (see. point IV Registration of these General Terms and Conditions), and not to pass on such details to third parties.
- ii) to only save, publish, transmit and distribute such content (photos, pictures, text, representations, videos, ...), if the user is authorized to pass on such content, i.e., if the user has the exclusive right to use such content or, if the user is not the owner of such rights with respect to content provided by it, the user guarantees to initFM that all required rights, licenses, permits etc. have been validly obtained. This shall also apply to content subject to intellectual property rights, such as trade names and trade marks. The user shall be exclusively responsible for such content.
- iii) In particular, it shall not be permitted to save, publish, transmit or distribute any content that is racist, insulting, discriminating, denunciating, sexual, glorifies violence or is otherwise illegal.
- iv) not to send chain letters or messages to more than one recipient at one time (mass emails or spam).
- v) not to carry out any disrupting interferences in the initFM network by use of technical or electronic aids, in particular hacking attempts, brute force-attacks, planting of viruses/worms/trojans and other disrupting attempts regarding initFM’s software or hardware.
- vi) not to copy, distribute, transmit or collect by use of technical aids (e.g., crawlers or bots) accessible details without the consent of the respective owner.
b) The user of the initFM platform shall
- i) provide prompt notice via email to email@example.com of any detected breaches of the aforementioned obligations.
- ii) diligently care for the personal details and only allow such persons access to its own details that are close to the user.
- iii) regularly save important personal details externally (storage medium, hard drive, clouds). initFM shall not be responsible for any lost or impaired details (see point X. Representations and Warranties, Limitation of Liability of these General Terms and Conditions).
Sanctions and Consequences Upon Breach of User Obligations
- a) In order to ensure the proper and reliable provision of services, initFM shall undertake or cause the undertaking of the following sanctions and consequences upon breach obligations by a user.
b) The type of sanction shall depend on the purpose, impact and type of the breach in light of initFM’s and the user's interests. The following sanctions shall be possible:
- i) Warning
- ii) Deletion of content
- iii) Temporary deactivation of user account
- iv) Cancellation (irrevocable deactivation)
- c) In the event a user account shall be cancelled, the respective user shall not be permitted to register again with the initFM.
Content Created by Users and Rights to such Content
- a) initFM permits its registered users to use the offered portfolio of products and services in accordance with statutory law and these General Terms and Conditions, in order to upload, save, publish, distribute, transmit and share content with other users.
- b) The user consents that as a result of the automatic evaluation of the way such user uses the platform, it may be exposed to certain offers and/or marketing messages tailored to such user.
- c) The user consents that marketing measures may also be taken in the proximity of created content, which are marketed by initFM.
d) initFM shall have the right to save content or disclose such content to third parties, to the extent this is required by law or reasonably necessary and legally permissible, in order to
- i) comply with statutory law, or court or administrative orders;
- ii) ensure compliance with these General Terms and Conditions;
- iii) react to claims of breaches of law raised by third parties; or
- iv) safeguard the rights, property or personal safety of initFM, its users and the general public.
- e) The user grants initFM the irrevocable, free, non-exclusive and unlimited right to use all content generated, transmitted, saved and published by such user. Accordingly, initFM shall have the right to use, irrespective of the type of usage, all content both as part of the initFM platform and any other activity of initFM or any company affiliated with initFM. This shall include the right to change and edit such content, unless such changes or edits impair material interests of the user. In this connection, the user waives, to the extent legally permissible, all intellectual property rights. However, to the extent feasible, in the event that initFM uses content created by a user outside the initFM platform, initFM shall note that such content was created by the user.
- f) initFM does not claim ownership of any content created by users and will not supervise such content.
- g) initFM reserves the right to delete content created by users, such as links, images or comments without giving reasons. In this event, the user shall be notified and, in the event of a breach of these General Terms and Conditions, may be sanctioned accordingly (see point VII. Sanctions and Consequences upon Breach of User Obligations of these General Terms and Conditions).
- h) initFM shall not be responsible for inaccurate content created by users.
- i) The concept of the initFM network is based in part on the publication of details regarding individual users to other users by making such details accessible via the initFM web-portal or apps.
- ii) The collection, administration and use of personal details by initFM complies with applicable data protection laws by ensuring that each user is able to decide herself, which personal details shall be made accessible to other users.
Categories of personally identifiable information collected by initFMinitFM collects information from users upon registration on its website and in connection with the use of any of initFM’s applications. The personally identifiable information collected by initFM falls in the following categories:
- (1) First and last name;
- (2) Country and/or region information
- (3) Email address;
- (4) Miscellaneous content-data and preferences
By using the initFM Service you agree that we can store and access cookies as described in this policy.
What is a Cookie?Cookies are small text files that are stored on your computer or mobile device. They are widely used in order to make websites work, or work in a better, more efficient way. They can do this because websites can read and write these files, enabling them to recognize you and remember important information that will make your use of a website more convenient (e.g., by remembering your user preferences).
What Cookies do we use?Below we list the different types of cookies we may use on the initFM Service.
- (1) Essential Cookies These cookies are essential to the operation of our website in order to enable you to move around it and to use its features. Without these cookies, services you have asked for, such as accessing secure areas of the website or paid for content, cannot be provided. These cookies are essential for using the website and therefore cannot be turned off without severely affecting your use of the website.
(2) Performance Cookies Performance cookies, which often include analytics cookies, collect information about your use of initFM Service and enable us to improve the way it works. For example, performance cookies show us which are the most frequently visited pages on the website, allow us to see the overall patterns of usage on the service, help us record any difficulties you have and show us whether our presentation is effective or not.
Performance cookies used by initFM Service may include:
Google Analytics - Opt out
More info: Google Analytics.
Mixpanel – Opt out
- (3) Functionality Cookies In some circumstances, we may use functionality cookies. Functionality cookies allow us to remember the choices you make while using initFM Service and to provide enhanced and more personalized features, such as customizing a certain webpage, remembering if we have asked you to participate in a promotion and for other services you request, like watching a video or commenting on a blog. All of these features help us to improve your visit to the initFM Service.
In some circumstances, we may work with third parties to provide services on the initFM Service. For example, third-parties and other organizations may use their own cookies to collect information about your activities on the initFM Service and/or the advertisements you have clicked on. This information may be used by them to serve advertisements that they believe are most likely to be of interest to you based on content you have viewed. Third-party advertisers may also use this information to measure the effectiveness of their advertisements. We do not control these cookies and to disable or reject third-party cookies, please refer to the relevant third party's website. You can also learn more about controlling cookies in the section below. Third-party cookies on the initFM Service may include:
Facebook Social Plugin - Link
How do I control Cookies?
Representations and Warranties, Limitation of Liability
- i) initFM does not represent or warrant that the online portable will be available at all times, completely and free from errors or that the necessary hardware and software work without errors.
- ii) initFM does not represent or warrant that the transmission of data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded or distorted by third parties
iii) The user uses the initFM offering exclusively at its own risk. This applies, without limitation, to
- (1) the related use of any hardware, including, but not limited to, (i) the respective smartphone or (ii) smartphone dongles;
- (2) downloading of the user's own and third party content;
- (3) any use by the user of data created or provided by initFM, including, but not limited to (i) product information, (ii) recommendations, (iii) rankings, (iv) offers. The user explicitly acknowledges that any such data or content may contain errors, and initFM does not, to the extent permitted by law, assume any responsibility for the correctness of such data.
- iv) Additionally, initFM does not make any representations or warranties with respect to external links, banners or other information and marketing offers that may be placed for the user. Any contractual arrangements entered into between the user and a third party provider (e.g., via linked websites or banners) result in a contractual relationship between such user and the third party provider only. initFM does not make any representations or warranties with respect to products or services of third party providers.
- i) initFM shall be liable as currently provided by law, regardless of the statutory basis of such liability (precontractual, contractual, tort) only if initFM has caused a certain damage willfully or with gross negligence. In the event of slight negligence, initFM shall not be liable to other businesses and shall be liable to consumers only for personal damages initFM shall not be liable to businesses for follow-on damages , mere pecuniary losses, lost profits or damages resulting from claims of third parties.
- ii) Unless required by statutory law, neither initFM nor any of its business affiliates shall be liable for damages resulting from the use of content made accessible through the use of the online platform or other forms of use of the online portal or mobile apps. This also applies to damages resulting from errors, problems, viruses or loss of data.
Representations and Warranties
Indemnification by Users
- a) The user indemnifies initFM for all claims raised by third parties as a result of an infringement of their rights by the user in connection with content uploaded to the initFM network by such user or other usage by such user of applications available via the initFM network. The user shall bear the costs of any legal proceedings in which initFM may be involved in connection with such claims, including all court costs and attorneys fees to the extent permitted by law, unless the user did not culpably cause such infringement.
- b) In the event that a claim is brought by a third party, the user shall promptly, truthfully and completely make available to initFM all information available to such user that may be necessary to verify such claim and defend against it. Any additional claims for damages that initFM may be entitled to bring against the user shall not be affected.
Changes to the General Terms and Conditions
- i) Changes to these General Terms and Conditions, other than changes to point 'Subject of the Agreement of these General Terms and Conditions' and 'Validity of the General Terms and Conditions' require the consent of the user. In the event that the user does not consent to the changed General Terms and Conditions, it shall not be permitted to any further use of the initFM platform.
- ii) Any changes to these General Terms and Conditions must be in writing. No ancillary oral arrangements exist.
- iii) In the event that individual provisions of these General Terms and Conditions shall be or become invalid, all other terms and conditions shall remain in full force and effect.
Governing Law and Jurisdiction
- i) These General Terms and Conditions and all contractual relations and litigation between the users and initFM shall be subject to Austrian law only, subject only to the conflict of law-provisions of the United Nations Convention on Contracts for the International Sale of Goods. Place of delivery and exclusive court of jurisdiction shall be Wiener Neustadt, Austria