Impek Terms of Use

Impek, LLC, a French corporation ("Impek") provides this website located at www.Impek.com ("Impek.com"), all the content under this domain, certain related software, and its services to you subject to the following terms and conditions. By using Impek.com you agree to be bound by the latest amended versions of this Agreement and Impek's Privacy and Security Policy (see "Modifications" below).


SECTION 1: ACCEPTING THE TERMS

By using the information, tools, features and functionality located on Impek.com, through any Impek APIs, or through any software or other websites that interface with Impek.com or its APIs (collectively the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (meaning you merely browse the Impek.com website) or you are a “Member” (meaning you have registered with Impek). The term “you” or “User” refers to a Visitor or a Member. If you wish to become a Member and make use of the Service you must read this Agreement and indicate your acceptance during the Registration process. If you accept this Agreement, you represent that you have the capacity to be bound by it or, if you are acting on behalf of a company or entity, that you have the authority to bind such entity.

SECTION 2: COPYRIGHTS

All content included on Impek.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, as well as the compilation of that content into one, coherent website, is the property of Impek and protected by French and international copyright laws. Reproduction of the content of Impek.com without the written permission of Impek is prohibited.

SECTION 3: TRADEMARKS AND SERVICEMARKS

Impek®, the Impek logo, and other Impek graphics, logos, page headers, button icons, scripts, and service names are trademarks, certification marks, service marks, or other trade dress of Impek or its subsidiaries. Impek’s trademarks, certification marks, service marks, and trade dress have inherent meaning and substantial value because of their restricted use. They may not be used in connection with any product or service that is not Impek’s, in any manner without Impek’s permission. All other trademarks not owned by Impek or its subsidiaries that appear on Impek.com are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Impek or its subsidiaries.

SECTION 4: LICENSE TO ACCESS IMPEK.COM AND SERVICES

In consideration for accessing Impek.com and the Service, Impek grants you a limited license to access and make personal use of the website. This license prohibits your downloading (other than page caching) or modifying any portion of it, except with express, written consent of Impek. This license does not allow resale of Impek’s services without Impek’s written permission. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Impek.com without express written consent of Impek. You may not use any meta tags or any other “hidden text” utilizing Impek’s name or trademarks without the express written consent of Impek. Any unauthorized use automatically terminates the permission or license granted by Impek and may incur legal liabilities for any damages.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any non-password protected directories. You may not use any of Impek’s proprietary graphics or trademarks as part of the link without express written permission.

SECTION 5: ACCOUNTS AND PASSWORDS

If you are issued an account, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. Impek reserves the right to, under its sole discretion, refuse service, suspend or terminate accounts, or otherwise restrict access to Impek.com and the Impek Service.

SECTION 6: THIRD PARTY APPS

Impek’s Service allows you to install or utilize certain third party apps (“Apps”). These Apps are provided “AS IS” and governed by their own terms of service and privacy policies as set forth by the third parties that provide them. Impek does not endorse and is not responsible or liable for the services or features provided by these Apps you choose to install. You acknowledge and agree that Impek shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Apps.

SECTION 7: YOUR CONTENT

You retain full copyrights in any materials served through Impek. Depending on the features you select or Apps you enable, Impek may modify the content of your site. For example, Impek may detect any email addresses and replace them with a script in order to keep it from being harvested, or Impek may insert code to improve page load performance or enable a Third Party App. Depending on the features you enable, you acknowledge Impek may:

  1. Intercept requests determined to be threats and present them with a challenge page.
  2. Add script to your pages to, for example, add services, Apps, or perform additional performance tracking.
  3. Other changes to increase performance or security of your website.

Impek will make it clear whenever a feature will modify your content and, whenever possible, provide you a mechanism to allow you to disable the feature.

SECTION 8: RECORDS OF IMPEK.COM VISITOR USE AND ABUSE

As a visitor to Impek.com and a user of the Impek Service, you consent to having your Internet Protocol address recorded and your activities monitored to prevent abuse.

SECTION 9: RECORDS OF YOUR VISITORS

As part of the Impek Service, you may choose to monitor the traffic to certain websites. In doing so, you acknowledge that Impek acts as your limited agent (and data processor in the EU context) to you for the purpose of providing Internet data and optimization services. You acknowledge that it is your responsibility to ensure that the use of Impek’s Service is permitted under the laws of your jurisdiction and you agree to indemnify and hold Impek harmless if your use of the Service is in violation of local law. Where required by law, you agree to post a privacy policy on any that, at a minimum, discloses any and all uses of personal information that you collect from users including any information collected via the Service. You agree to indemnify and defend Impek from and against any and all claims stemming from your failure to comply with this provision and/or your failure or refusal to abide by the terms and provisions of any applicable privacy policies. You acknowledge that Impek may use this data to improve its service or enable other services (e.g., using visitor traffic logs or data posted through the service to detect threats so as to stop future attacks).

SECTION 10: LIMITATION ON NON-HTML CACHING

You acknowledge that Impek’s Service is offered as a platform to cache and serve radio streams and is not offered for other purposes, such as remote storage. Accordingly, you understand and agree to use the Service solely for the purpose of hosting and serving radio streams as viewed through a web browser or other application and the Hypertext Markup Language (HTML) protocol or other equivalent technology. Impek’s Service is also a shared web caching service, which means a number of customers’ radio streams are cached from the same server. To ensure that Impek’s Service is reliable and available for the greatest number of users, a customer’s usage cannot adversely affect the performance of other customers’ sites. You further agree that if, at Impek’s sole discretion, you are deemed to have violated this section, or if Impek, in its sole discretion, deems it necessary due to excessive burden or potential adverse impact on Impek’s systems, potential adverse impact on other users, server processing power, server memory, abuse controls, or other reasons, Impek may suspend or terminate your account without notice to or liability to you.

SECTION 11: INVESTIGATION

Impek reserves the right to investigate you, your business, and/or your owners, officers, directors, managers, and other principals, your sites, and the materials comprising the sites at any time. These investigations will be conducted solely for Impek’s benefit, and not for your benefit or that of any third party. If the investigation reveals any information, act, or omission, which in Impek’s sole opinion, constitutes a violation of any local, state, federal, or foreign law or regulation, this Agreement, or is otherwise deemed harm the Service, Impek may immediately shut down your access to the Service. You agree to waive any cause of action or claim you may have against Impek for such action, including but not limited to any disruption to your website. You acknowledge that Impek may, at its own discretion, reveal the information about your web server to alleged copyright holders or other complaintants who have filed complaints with us.

SECTION 12: INDEMNITY

You agree to indemnify and hold Impek, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.

SECTION 13: DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Impek.com, the impek service, and downloadable software are provided by impek on an “as is” and “as available” basis. Impek makes no representations or warranties of any kind, express or implied, as to the operation of impek.com, the effectiveness of its services, or the information, content, materials, or products included on impek.com. You expressly agree that your use of impek.com, the impek service, and any downloadable software is at your sole risk. To the full extent permissible by applicable law, impek disclaims all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. in no event shall impek be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of impek.com, the impek service, or downloadable software, even if advised of the possibility of such damage.

impek makes reasonable efforts, but does not warrant that impek.com, the impek service, any downloadable software, the impek servers, or email sent from any of its domains are free of viruses or other harmful components. impek will not be liable for any damages of any kind arising from the use of the impek.com, the impek service, or impek downloadable software including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Notwithstanding the foregoing, Impek acknowledges that it is compliant with the Payment Card Industry Payment Card Industry Data Security Standard (PCI DSS) and is a PCI DSS Level 1 certified organization. As such Impek is therefore responsible for the security of cardholder data that it transmits on behalf of its customers while that data is within Impek’s network. Impek does not store cardholder data transmitted through its network at any point.

SECTION 14: AUTOMATIC RENEWAL AND CANCELLATION

When you register for the service, you expressly acknowledge and agree that (a) impek (or our third party payment processor) is authorized to charge you on a monthly basis for your subscription to the service (in addition to any applicable taxes and other charges) for as long as your subscription to the service continues, and (b) your subscription to the service is continuous until you cancel it or we suspend or stop providing access to the service in accordance with these terms of use.

In order to prevent auto-renewal of your subscription, you must cancel your subscription through your account dashboard before the beginning of your next monthly billing period. You will be billed in full for the monthly billing period in which you cancel.

SECTION 15: TERMINATION

Impek’s policy is to investigate violations of these Terms of Service and terminate repeat infringers. You agree that Impek may, under certain circumstances and without prior notice, immediately terminate your Impek account, any associated email address, and access to Impek.com and associated Services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms of Service or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Service (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) you have engaged or are reasonably suspected to be engaged in fraudulent or illegal activities; (h) having provided false information as part of your account; (i) having failed to keep your account complete, true, and accurate; (j) any use of the Service deemed at Impek’s sole discretion to be prohibited; (k) use of fraudulent payment methods; and/or (l) nonpayment of any fees owed by you in connection with Impek.com and associated Services. Further, you agree that all terminations for cause shall be made in Impek’s sole discretion and that Impek shall not be liable to you or any third-party for any termination of your account, access to the Service, or any disruption to your services such a termination may cause. You expressly agree that in the case of a termination for cause you will not have any opportunity to cure. You further acknowledge and agree that notwithstanding any termination, your obligations to Impek set forth in Sections 2, 3, 4, 8, 9, 11, 12, 13, 23, 24, 25 and 26 shall survive such termination.

SECTION 16: DMCA & ABUSE REPORTS

Impek is a pass-through network and, at most, caches content for a limited period in order to improve network performance. Impek automatically removes content from our caches when it has been removed from our customer’s origin web server. Impek is not a hosting provider and has no way of removing abusive content on third party hosting services. Individuals or copyright holders concerned with content served through Impek’s network may submit a complaint for investigation.

Impek does not accept abuse complaints submitted over the telephone. If you would prefer not to use our complaint submission form, you may mail your complaint to:

Impek, Inc.
Attn: Legal Department
1 André St,
Chantilly, FR 60500

Please provide detailed information supporting your complaint as well as an affidavit attesting to its validity.

By submitting a complaint, you acknowledge that, at Impek’s sole discretion, copies of the complaint may be provided to the Impek user, the user’s hosting provider, posted on Impek’s website, and/or provided to third party services.

SECTION 17: MODIFICATIONS

Impek may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on Impek.com. In addition, the Agreement will indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.

The Service may provide, or third parties may provide, advertising for other websites or resources. Because Impek has no control over such sites and resources, you acknowledge and agree that Impek is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Impek shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content.

SECTION 19: PUBLICITY

Impek shall be permitted to identify you as a customer, to use your website’s name in connection with proposals to prospective customers, to hyperlink to your website’s home page, to display your logo on the Impek’s web site, and to otherwise refer to you in print or electronic form for marketing or reference purposes.

SECTION 20: NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to this Agreement.

SECTION 21: WAIVER

The failure of Impek to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

SECTION 22: SEVERABILITY OF TERMS

If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

SECTION 23: NON-TRANSFERABILITY OF ACCOUNTS

You agree that your Impek account is non-transferable except with the written consent of Impek.

SECTION 24: TIME LIMITATIONS FOR CLAIMS

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Impek.com must be filed within one year after such claim or cause of action arose or be forever barred.

SECTION 25: APPLICABLE LAW

By visiting Impek.com, you agree that the laws of the United States and, specifically, those of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Impek or its affiliates. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Paris, FRANCE.

SECTION 26: ARBITRATION

In the case of any disputes under this Agreement, the parties shall first attempt in good faith to resolve their dispute informally, or by means of commercial mediation, without the necessity of a formal proceeding.

The arbitration proceedings contemplated by this Section shall be as confidential and private as permitted by law. To that end, the parties shall not disclose the existence, content or results of any proceedings conducted in accordance with this Section, and materials submitted in connection with such proceedings shall not be admissible in any other proceeding, provided, however, that this confidentiality provision shall not prevent a petition to vacate or enforce an arbitral award, and shall not bar disclosures required by law.

SECTION 27: VERSIONS

The authoritative version of Impek’s Terms of Service is available at: www.impek.com/terms. While translations of these terms may be provided in multiple languages for your convenience, the English language version hosted at the link above is binding for all users of Impek.com, the Impek Service, and any Impek Downloadable Software.

SECTION 28: HEADINGS

The headings and section titles in the Terms of Service are for convenience only and have no legal or contractual effect.

Legal
  • Terms
  • Security Policy
  • Trust & Safety
  • Registrar Terms
  • Transparency
  • Cookie Policy

Have Questions?

If you have questions about these terms or anything else about Impek, please don't hesitate to contact us:

+33 (1) 630 451 815

1 André St,
Chantilly, 60500
FRANCE

Policy date: Oct. 20, 2017