TOS

Last modified: 14th Feb 2016

Website Terms of Service and Trading Terms

and Acceptable Use Policy

This page (together with the documents referred to on it) tells you the terms on which you may use www.intermorphic.com, www.mixtikl.com, www.noatikl.com, www.partikl.com, www.liptikl.com, www.tiklbox.com, www.wotja.com, forum.intermorphic.com, www.intermorphic.com/blog or such other website, forum or blog owned or operated by us (together the “Websites” and each a “Website”) and the URL Services (as further described below) that we provide via the Websites and the terms on which you may purchase via the Websites licences to use relevant versions of our Software, if applicable.

You should read these terms of use carefully before using the Websites and URL Services. If you do not agree to these terms of use please do not use the Websites or URL Services. By using the Websites or URL Services, you indicate that you accept these terms of use and that you agree to abide by them.

1. INFORMATION ABOUT US

The Websites are managed by Intermorphic Limited ("we", us” and “our”). We are registered in England and Wales under company number 06045407 and have our registered office at The Mill House, Boundary Road, Loudwater, High Wycombe, Buckinghamshire, HP10 9QN. Our VAT number is GB 935 3394 09.

2. ACCESSING AND USING THE WEBSITES

You may access the Websites but we reserve the right to withdraw or amend the URL Services that we provide on the Websites without prior notice. We may also suspend access to the Websites, or any of them, or close them indefinitely at any time.

We will not be liable if for any reason any of the Websites are unavailable at any time or for any period.

We may restrict access to the Websites or some parts of them to users who have registered with us.

You must treat any password or user identification code that we provide to you as confidential and must not disclose it to anyone else. You will be responsible and liable for all acts carried out under your password or user identification code whether such acts are carried out by you or any third party. You must notify us immediately of any unauthorised use of your forum account or other breaches of security.

When using the Websites, you must comply with the provisions of our Acceptable Use Policy.

You acknowledge and accept and agree that we may take down, modify or amend any content that you post on any of the Websites in our absolute discretion without prior notice to you. However, we do not routinely monitor or filter the user generated content of the Websites and do not accept any obligation to do so. You acknowledge and accept that it is possible that you may find other users content to be distasteful or even offensive but that we have no control over such content and are not responsible or liable for such content. We do not guarantee that we will take down any material at any time.

3. PURCHASES MADE THROUGH THE WEBSITE

If you purchase via the Websites licence(s) to use relevant versions of our Software this clause 3 applies in addition to the other terms set out in these terms and conditions.

If you wish to purchase a licence to use a relevant version of the Software then you should click the revelant “Purchase Licence” button on the Website Store page and complete the secure order form (hosted by our Website e-Commerce service provider, BlueSnap “BlueSnap”) to enter your payment card details, contact information and order the licence(s) to use the Software.

By placing an order through the Websites you warrant that you are legally capable of entering into binding contracts.

After you have entered your payment details your order will be processed and, if accepted by BlueSnap and once payment has been made, BlueSnap will email you an order confirmation andthe necessary Product Keys to enable you to use the Software, which may itself be downloaded from the relevant Website.

You acknowledge and accept that the Software is provided as a service. You may cancel your order at any time during the period of seven working days starting on the day after your receipt of the order confirmation (“cooling off period”) but if you (or anyone else on your behalf, with or without your permission) use the Product Keys then you waive your right to cancel under this clause.

If you have not used the Product Keys and wish to cancel during the cooling off period then you should . If you send your cancellation by email it shall be effective at the time of effective transmission. We will authorise BlueSnap to refund the price paid for the Software within a reasonable period (usually 30 days) using the same method as originally used by you to pay for the Software. If you cancel your order and we refund the price to you then then you will no longer be licenced to use the Software.

The price of the Software will be as advised on the BlueSnap secure order form. The price may also quoted on the Websites from time to time, except in cases of obvious error.

Prices include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery of the Product Keys, BlueSnap will adjust the VAT that you pay, unless you have already paid in full before the change in VAT takes effect.

Prices are liable to change at any time, but changes will not affect orders that we have already accepted.

BlueSnap accept payment with most credit and debit cards.

Nothing in these terms and conditions is intended to detract from your rights as a consumer.

4. USING THE URL SERVICES PROVIDED THROUGH THE WEBSITES

We offer the following URL Services through the relevant Websites:

A Wotja URL ("Wotja Music URL" also referred to as a "WJURL") is generated by the Software from various settings you select in the Software and/or from an imported Noatikl file (“Settings”) and text you input (“Characters”) to the Software. The Software uses the Characters as the input from which to create a tune and variants (which, from Wotja 1.7 onwards, are stored in the Wotja URL but no longer the text itself except if they are emoji) and uses the Settings to determine all other aspects of the music it generates (together “Music”).

A Tikl URL is generated by the Software from various parameters values and settings you set, and/or enter and/or select (“Settings”) in the Software and any text you might also input to the Software. Text you enter is encoded in the URL but is not clearly visible in the URL itself. The Software uses the Settings to generate a tune, tunes and/or music (“Music”).

We will not be liable for the content of any Wotja URL or Tikl URL or any other URL referencing the Website nor if the URL Services result in generation of Music (“Result”) that resembles any existing copyright work (whether or not you set it out to deliberately create such a work). You understand and accept that this Result may change as the Software is updated.

If you choose to distribute a Wotja URL or Tikl URL and / or otherwise publish it via Twitter, Facebook or on some other publicly accessible forum, blog, website or similar, you acknowledge and accept that members of the public may have access to this and you do this at your own risk and you acknowledge and accept that we are not liable for any use made of the Wotja URL or Tikl URL by you or any third party who receives that or any Wotja URL or Tikl URL directly or indirectly from you. If you have not created the Wotja URL or Tikl URL by inputting text or other content to the Software then you should obtain the permission of the creator before publishing the Wotja URL or Tikl URL or otherwise sharing it.

You may access and listen to a Wotja URL or Tikl URL created by any third party for your own personal purposes but not for any business or commercial purposes unless you have the respective creator’s prior consent.

If you are the creator of the Wotja URL or Tikl URL you grant us a non-exclusive perpetual irrevocable licence to use the Wotja URL or Tikl URL for any purpose, to distribute, perform and sub-licence it without restriction or attribution and you understand and agree that no copyright notice or other attribution is included in the Wotja URL. You acknowledge that identical Wotja URLs or Tikl URLs may exist and that the respective creators have parallel rights in them.

You are not permitted to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the URL Services or any Wotja URL or Tikl URL or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the URL Services or Wotja URL or Tikl URL with another software program, and provided that the information obtained by you during such activities is used only for the purpose of achieving inter-operability of the URL Services or Wotja URL or Tikl URL with another software program; is not unnecessarily disclosed or communicated without our prior written consent to any third party; and is not used to create any software that is substantially similar to the URL Services or Software.

You must not:

  1. use the URL Services or any Wotja URL or Tikl URL in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms of use, or act fraudulently or maliciously;
  2. infringe our intellectual property rights or those of any third party in relation to your use of any URL Services or Wotja URL or Tikl URL;
  3. transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of any URL Services;
  4. use any URL Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  5. collect or harvest any information or data from any URL Services or our systems or attempt to decipher any transmissions to or from the servers running any URL Services;
  6. use the URL Services for URL Playback of URLs not created with the Software.

5. INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in the Websites, the material published on them and the URL Services provided via them.

You must not use any part of the Websites’ materials, URL Services or products of the URL Services for any commercial purposes without our prior written approval or that of our licensors.

If you post content on any of the Websites you grant to us a worldwide, non-exclusive, royalty free, perpetual licence to publish and use such content on the Websites and to modify, amend, alter or take down such content, in whole or in part, at our discretion and you warrant and undertake that you are the owner of licensor of all such content and that you have all necessary rights, consents and licences to post such content on the Websites and to grant us the licence set out in this clause and you shall indemnify us and hold us harmless in the event that you breach this clause. Any content that you post must comply with the terms of the Acceptable Use Policy. If you delete the Content, we will use reasonable efforts to remove it from the Websites, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

If you provide any feedback, product know-how and techniques (which includes scripts), product ideas, product modifications, product improvements, product concepts, product suggestions and bug reports in connection with the Website, URL Services or otherwise ('Feedback') whether via the Website or otherwise submitted to us you grant us a non-exclusive, perpetual, irrevocable, world-wide, royalty-free and unrestricted fully paid-up license to use such Feedback for any purpose.

6. RELIANCE ON INFORMATION POSTED

The Websites and materials are provided for information and entertainment purposes only and are not intended to amount to advice on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials by any user of the Websites, or by anyone who may be informed of any of its contents. The material displayed on the Websites is provided without any guarantees, conditions or warranties as to its accuracy and any of the material on the Websites may be out of date at any given time. We are under no obligation to update the Websites or their contents at any time.

We require users of the Websites to comply with the Acceptable Use Policy but you acknowledge and accept that it is possible that user generated content which is posted on the Websites may still fall below the standards that we expect and that we do not review all content that is posted and are not liable for any user generated content. By operating the Websites, we do not represent or imply that we endorse any user generated content, or give any warranty that such material is accurate, reliable, unobjectionable or harmless.

Nothing in these terms of use is intended to detract from your rights (if any) as a consumer.

7. OUR LIABILITY

We shall have no liability for any loss of profits, anticipated savings, business opportunity, goodwill or loss of or damage to (including corruption) data (in each case whether direct or indirect) or any other indirect or consequential losses whether arising in contract, tort (including negligence) or otherwise incurred by any user in connection with the URL Services, Websites or in connection with the use, inability to use, or results of the use of the URL Services, Websites, any websites linked to them and any materials posted on or made available through them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Software, URL Services or Websites or to your downloading of any material posted on them, or on any website linked to them.

Subject to the paragraph below, our aggregate liability to any individual is limited to 105% of the amounts actually paid by that individual to us specifically in connection with acceptable use of the URL Services or Websites and not in connection with use of the Software.

Nothing in these terms shall limit or exclude any liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation or for any other liability which cannot be properly excluded under English law.

8. INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITES

We process information about you in accordance with our Privacy Policy [http://www.intermorphic.com/privacy].

By using the Websites and/or URL Services, you consent to such processing and you warrant that all data provided by you is accurate.

9. LINKING TO THE WEBSITES

You may link to any of the Websites, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not link to the Websites in any way which would suggest any form of association, approval or endorsement on our part where none exists.

The website from which you are linking must comply in all respects with the standards set out in our Acceptable Use Policy.

We reserve the right to withdraw linking permission without notice.

10. LINKS FROM THE WEBSITES

Where the Websites contains links to websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

11. JURISDICTION AND APPLICABLE LAW

These terms of use are subject to the laws of England and Wales and the Courts of England shall have jurisdiction over any claim arising from or in relation to them.

12. AMENDING THE TERMS OF USE

We may revise these terms of use at any time by amending this page. You should check this page from time to time to take notice of any changes that we made, as they are binding on you.

Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Websites.

13. YOUR CONCERNS

If you have any concerns about our Website content, please . You should be aware that we do not accept responsibility for user generated content and we do not guarantee that we will take down any material at any time.



Acceptable Use Policy

You must comply with this Acceptable Use Policy when using the URL Services and/or using, accessing, contributing to, commenting or posting links on the Websites. You may use the URL Services or Websites for lawful purposes only.

You must not use the URL Services or Websites:

In addition:

If you breach any provisions of the Computer Misuse Act 1990 you may be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

If you breach these terms contained in this Acceptable Use Policy, your right to use the Websites will cease immediately.