This Terms and Conditions agreement ("Agreement") between you ("you" or "your") and Imphenzia ("Imphenzia") sets forth the terms and conditions of use of the goods and services set forth herein (collectively "Service(s)"). You accept that the Agreement may change from time to time effective immediately upon posting on Imphenzia.com or any sub domain (collectively "Imphenzia.com"). Your continued use of any Service(s) shall constitute your acceptance of the Agreement. If you do not agree to the changes you may at any time request that your Service(s) are cancelled.
The Full Access service enables you, for a term specified at the time of purchase ("Term"), to download all music files ("Music"), including new releases during the Term, from http://www.imphenzia.com/tracks.html and individual music file pages http://www.imphenzia.com/tracks/*. It is the intention of Imphenzia to provide high quality Music in various formats, e.g. 320kbit/s MP3, 256kbit/s and lossless FLAC files; however, the file format and quality of the Music may change at any time without notice. You acknowledge that the file formats and quality of the Music available to you during the Term is controlled by the size of your contribution as specified at the time of purchase. The Full Access service does not permit you to download the music released under the name "Imphenzia Soundtrack."
The Digital Album service enables you, for a term of 7 (seven) days following time of purchase, to download the content of a specifically purchased Digital Album including (i) music files ("Music") in available file formats for the specific Digital Album and (ii) jewel case cover artwork and CD label artwork for the specific Digital Album. It is the intention of Imphenzia to provide high quality Music in various formats, e.g. 320kbit/s MP3, 256kbit/s and lossless FLAC files; however, the file format and quality of the Music in a Digital Album may change at any time without notice.
The CD Album is a good that will be posted to the address specified during the purchase process no later than 14 (fourteen) days following purchase. The CD Album consists of one or more Compact Disc-Recordable(s) ("CD-R") containing music with printed on-disc artwork in a jewel case with printed front and back cover artwork. The format of the music is the industry standard of music CDs, 16 bit 44.1 KHz audio. In the rare event that a CD Album does not function in your audio equipment you may return the CD Album, at your own expense, for a refund of the amount paid excluding shipping fees.
The music files ("Music") accessible to you through the Service(s) are property of Imphenzia. You are granted a non-exclusive license to listen to and copy the Music between your devices for own personal use. You are NOT, without written consent by Imphenzia, allowed to i) distribute the Music, ii) perform the Music in public, iii) share or give the Music to anyone, iv) make the Music publicly available, v) incorporate the Music in games, programs or multimedia, vi) sell the Music, or vii) modify the Music.
Limitation of Liability
You agree and acknowledge that your use of the Service(s) is entirely at your own risk. You agree that Imphenzia will not be liable, under any circumstances, for any (a) termination, suspension, loss, or modification of your Service(s), (b) use or inability to use the Service(s), (c) access interruptions or access delays to Imphenzia.com or Service(s). Imphenzia, (d) loss incurred in connection with your Service(s), or (e) unauthorized access to or alteration of your transmissions or data. Imphenzia will also not be liable for any indirect, special, incidental, or consequential, damages of any kind regardless of the form of action. In no event shall Imphenzia's maximum aggregate liability exceed the total amount paid by you for the Service(s).
You agree to defend, indemnify, and hold harmless Imphenzia, directors, and employees for any loss, liabilities, damages, costs or expenses arising out of or related to your use of or connection to Imphenzia.com and the Service(s).
Disclaimer and Warranties
The Services are provided to you on an "as is," as available basis. Imphenzia makes no representations, warranties or guarantees of any kind whatsoever, express or implied, in connection with this Agreement. Imphenzia further disclaims any representation or warranty: (i) that the Service(s) will meet your specific requirements, (ii) that the Service(s) will be uninterrupted, timely, secure, or error-free, (iii) regarding any Service(s) purchased or obtained through the Service(s), or (iv) that any errors in the Service(s) will be corrected. Any material downloaded or otherwise obtained through the Service(s) is done at your own discretion and risk and you will be solely responsible for any damage to you, third parties, computer systems, audio equipment, or loss of data that results from the download or use of such material.
Updated 27th December 2010
Imphenzia is committed to protecting your privacy when you use the web site music.imphenzia.com ("Web Site") and services ("Services") offered on the Web Site. This policy explains how and why information is collected, what it is used for, and what controls you have over of how it is used.
Your acceptance of these Privacy Statement terms
What data do we collect and how do we use it?
Web Site collects and processes information about you in order to:
(i) identify visitors that have authorized access to features not available to anonymous visitors;
(ii) process orders submitted by you;
(iii) improve Services and Web Site;
(iv) customise your experience, for example, display properties and downloadable content; and
(v) send you information if you have signed up for e-mail notifications of new releases.
You may be asked, either when you purchase an item on the Web Site, or at other times, for information about yourself, such as your name, e-mail address, and postal address. Web Site uses known payment services such as PayPal.com and DaoPay.com, in turn Web Site will never store or have access to your credit/payment card details. You are under no obligation to provide this information, but if you don't then certain services will not be available.
Log files/IP addresses
When you visit the Web Site, the Web Hotel (binero.se) automatically log your IP address (the unique address which identifies your computer on the internet) which is automatically recognised by the web server. The Web Hotel uses IP addresses to help administer the Web Site and to collect broad demographic information for aggregate use.
Non personal information
Non-personal information about such as the type of internet browsers you use or the site from which you linked to our Web Site is automatically collected. You cannot be identified from this information and it is only used to improve the Web Site.
Cookies are pieces of information that a Web Site transfers to your hard drive to store and sometimes track information about you. Most web browsers automatically accept cookies, but if you prefer, you can change your browser to prevent that. However, you may not be able to take full advantage of a Web Site if you do so. Cookies are specific to the server that created them and cannot be accessed by other servers, which means they cannot be used to track your movements around the web. Although they do identify a user's computer, cookies do not personally identify customers or passwords. Credit card information is not stored in cookies.
(i) To identify who you are and to provide authorized access to Services not available to anonymous visitors;and
(ii) To track preferences and to improve and update our Web Site;
With whom is the information shared?
Imphenzia will not share, sell or rent your personal information to third parties.
Imphenzia may disclose aggregate statistics about our sales and Web Site visitors in order to describe the services to prospective partners, advertisers and other reputable third parties and for other lawful purposes, but these statistics will not include personally identifying information.
Imphenzia may disclose personal information if required to do so by law or if it believes that such action is necessary to protect and defend the rights, property or personal safety of Imphenzia, visitors to the Web Site and customers of Services.
Web Site contains links to the sites of third parties. When you visit these sites, it is suggested that you read their privacy policies. Imphenzia is not responsible for the privacy policies or the content of such sites.
Imphenzia places a great importance on the security of all information associated with visitors. Security measures are in place to attempt to protect against the loss, misuse and alteration of data. For example, the security and privacy policies are periodically reviewed and enhanced as necessary. With regard to payment processing, the payment networks used (PayPal.com and DaoPay.com) use secure server software (SSL) to encrypt financial information you. While it cannot be guaranteed that loss, misuse or alteration of data will not occur, best efforts are used to prevent this.
Where is the information stored?
Non-fincancial information which you submit via our Web Site on a server located in the European Economic Area. Financial information is only stored and processed at the payment network servers, PayPal.com and DaoPay.com.