TERMS AND CONDITIONS
General Terms and Conditions of Use
General Terms and Conditions
of Use
Please read these Terms and Conditions carefully.
These Terms and Conditions govern your relationship with Warner Music UK Ltd (“Warner”, “we”, “our”, “us”) when you use our online or wireless services (the “Services”), including the services on the website or WAP site which directed you to these Terms and Conditions (the “Site”). Unless otherwise stated, the services available on the Site are provided to you by Warner.
By accessing or using the Site, you accept and agree to these Terms and Conditions (which include our Privacy Policy available here: www.wminewmedia.com/privacy) and you agree that your use of the Site, including any transaction you make, is subject to these Terms and Conditions. Any purchases you make via an online store at any Warner website are subject to the usage rules below and these Terms and Conditions. If you do not agree to all of these Terms and Conditions, you may not use the Site.
By accessing or using the Site, you agree to use the Services at your own risk and understand that Warner has limited its liability in these Terms and Conditions.
If you have any questions about these Terms and Conditions please contact us at the following address:
Business Affairs
Warner Music International Services Limited
The
28a
Changes to these Terms and Conditions
We may make changes to these Terms and Conditions from time to time, which will be effective when posted on the Site. We may not notify you directly/personally of changes to the Terms and Conditions and so we encourage you to check these Terms and Conditions regularly for any updates. Your continued use of the Site following the posting of changes will mean you accept those changes.
You
may not use, transfer, copy or otherwise reproduce or modify any part of the
Site, the Services, the Content or their source HTML code in any form or by any
means (electronic, mechanical or otherwise) except for the sole purpose of
viewing the Content and using the Services as permitted without our express
written agreement.
Unless otherwise stated on the Site, the Services are available only for people aged 13 or older. If you are aged 13 to 18, you should review these Terms and Conditions with your parent or guardian to make sure that you and your parent or guardian understand and agree to these Terms and Conditions.
We are concerned about
the safety and privacy of all our users, and particularly children. Parents who
wish to allow their children (those aged 13-18) access to and use of the Site
and/or Services should supervise such access and use. By allowing your child
access to the Site you are allowing your child access to all of the Services
and you agree to be bound by these Terms and Conditions in relation to all uses
of the Site by your child. It is therefore your responsibility to determine
which Services are appropriate for your child. Always use caution when
revealing personally identifiable information about yourself or your children
via any of the Services.
Access to certain Content
may carry additional age restrictions. Where such a restriction applies you
will be asked to confirm that you are old enough to view or purchase the items,
as applicable.
The Services require a compatible device, internet or mobile access and (in some cases) particular third party software will need to be installed. These system requirements and any applicable fees are your responsibility.
For optimum viewing of the Site and use of Services your PC
will require one of the following browsers:
Internet Explorer 6 or later
Firefox 2 or later
Safari
Mac requires Firefox or Safari.
Certain elements of the Site require Flash v8 and Javascript
to be enabled.
For any
digital downloads purchased from the online store you will need a PC running
Windows XP and Windows Media Player version 10 or above.
If a particular
Service requires you to register with the Site or set up an account, you will
need to complete a registration process by providing certain information
(including your name, email address and, in some cases, payment details) and
registering a username and password for use in connection with that Service. You agree that you will provide truthful and
accurate information when registering or opening an account. The decision to
register a password is in our discretion and we may revoke your password at any
time.
You are responsible for maintaining the confidentiality of the password and your account information, and you are solely responsible for all activities that occur under your password or account and for any access to or use of the Site by you or any person or entity using your password, whether or not such access or use has been authorised by you, and whether or not such person or entity is your employee or agent.
You must immediately
notify us of any unauthorised use of your password or account or any other
breach of security.
We will not be
liable for any loss or damage whatsoever resulting from the disclosure of your
username and/or password contrary to these Terms and Conditions. You may not
use another person's account at any time without the express permission of the
account holder.
Please see our Privacy
Policy here www.wminewmedia.com/privacy
for further explanation as to how we use the information we collect from you.
Please use the Site safely. We strongly advise you not to post your contact or other personal details on the Site. To the fullest extent permitted by law, we exclude liability and shall not be held responsible for any consequences which flow from your posting such personal details on the Site.
The Site may provide you with interactive features
including, but not limited to the ability to create profiles and communicate
with other users. We may remove, move,
edit or close any blog, profile, message or thread (if available on the Site)
for any reason, although we will not be regularly monitoring User Content (as
defined below) unless we state otherwise.
Please therefore notify us of any Content or User Content you feel is
objectionable or offensive or which you believe is unlawful or infringes the
rights of a third party in accordance with the section titled Objectionable Material below.
While using the Site, you may not:
· restrict or inhibit any other user from using and enjoying the Site or the Services;
· act in any way that would damage, disable, overburden, or impair the Site or the Services or constitute or encourage conduct that would constitute a criminal offence or give rise to civil liability;
· upload, post or transmit to, or distribute or otherwise publish through, the Site any materials that contain a virus or other harmful component, or false or misleading indications of origin or statements of fact, or any material that is indecent, obscene, abusive, defamatory or use of which may be in breach of any third party's rights;
· impersonate any person or entity or misrepresent your affiliation with any other person or entity;
· exploit any information or other material obtained on or through the Site for commercial purposes;
· engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping," "database scraping”, or any other activity with the purpose of obtaining lists of users or other information (including any activity which involves accessing or using Warner cookies for purposes which are unrelated to the Services);
· attempt to gain unauthorised access to other computer systems through the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site; or
· reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of or access to the Site or the Services.
If the Site provides blogs, forums or message boards, you
will need to register with the Site to use these Services. Messages posted
express only the views of the author and Warner is not responsible for the
content of any message. For the purposes
of these Terms and Conditions, messages posted on the Site are treated as User
Content (as defined below) and are subject to the applicable rules set out in
these Terms and Conditions below.
Your Use of
our Software
Software used to provide the Services (“Software”) is
owned by or licensed to us or our software suppliers. All rights in the Software are the sole and
exclusive property of Warner or our suppliers.
You may use the Software only for the purpose of using the Services in
accordance with these Terms and Conditions and you acquire no other rights in
the Software of any sort. In particular, but without limiting the foregoing, you
may not:
·
use the Software to transmit User Content to anyone other
than Warner (for further information see Content Provided by you);
·
use the Software to transmit any content other than the User Content to Warner or to anyone
else;
·
sell or otherwise distribute any part of the Software;
·
modify, adapt, translate or reverse engineer any part of the
Software;
·
attempt to avoid, circumvent, breach or disable any security
mechanisms or to access, tamper with or use any parts of the Software to which
access is not authorised;
·
use the Software for any illegal, unlawful, harassing,
abusive or fraudulent purpose; or
·
use the Software for any commercial purpose.
Some Services may allow you to upload or otherwise provide
content to us, including by posting comments on message forums, and by rating
Content.
All content that you provide, including but not limited to
any and all text, graphics, photos, images, music, audio and audio visual
material, software and messages to other registered users (whether displayed
publically via your profile (if applicable) or via a private message (if
applicable) and all information accompanying the same is referred to in these
Terms and Conditions as "User Content".
Unless otherwise stated in further terms provided by us (for
example, in association with a competition),
you retain ownership of User Content and by uploading, sending or
otherwise making available User Content to us, you are authorising us, and
granting us a royalty-free, non-exclusive, perpetual, licence to exploit the
User Content in order to:
·
host the User Content on our servers;
·
index the User Content; and
·
modify, display, reproduce, make available, distribute and
otherwise to communicate the User Content to the public, in whole or in part throughout
the world
on
the Site and in connection with the Services and with other Warner or Warner Music Group products and services now
existing or developed in future.
We
may incorporate links in and around your User Content and display
advertisements within, around or in connection with your User Content and
otherwise exploit commercially such User Content.
We
are not required to make available or otherwise exploit any User Content
uploaded or otherwise provided to us, nor to attribute you as the author. You hereby waive any moral rights over the
User Content under any applicable law. We are not responsible for any loss, theft,
rights infringement or damage of any kind to the User Content and you take sole
responsibility for the User Content that you provide to us.
You will not provide or
transmit via the Services any User Content that:
·
is offensive or promotes racism, hatred or physical harm of
any kind against any group or individual;
·
harasses or promotes or enables harassment of another
person;
·
involves, promotes, enables or facilitates the transmission
of "junk mail", "chain letters," or unsolicited mass
mailing or "spamming";
·
comprises or promotes information that you know to be false
or misleading;
·
involves, promotes, enables or facilitates illegal
activities or conduct that is abusive, threatening, obscene, defamatory or
libellous;
·
infringes any rights of any third party (such as but not
limited to images of well known characters, pictures, music, commercial
recordings) or which results in the disclosure of personal information of a
third party or the confidential information of any person;
·
comprises, promotes, enables or facilitates an illegal or
unauthorised copy of another person's copyrighted work, such as, but not
limited to, providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or
providing pirated music or links to pirated music files;
·
contains restricted or password only access pages or hidden
pages or images (those not linked to or from another accessible page);
·
comprises, promotes, enables or facilitates access to
material that exploits people in a sexual or violent manner, or solicits
personal information from anyone under the age of 18;
·
comprises, promotes, enables or facilitates access to
instructional information about illegal activities such as, but not limited to,
making or buying illegal weapons, breaching someone's privacy or infringing
copyright, or providing or creating computer viruses;
·
solicits passwords or personal identifying information for
commercial or unlawful purposes from other users; or
·
involves, promotes, enables or facilitates commercial
activities and/or sales without our prior written consent such as auctions,
contests, sweepstakes, barter, advertising, or pyramid schemes.
You
are solely responsible for ensuring that you hold and will continue to hold all
of the rights that you need to have in order to transmit User Content to us and
to grant to us the rights granted in these Terms and Conditions.
By
providing User Content to us, you agree that:
·
you are at least 16 years of age; and
·
all of the information provided by you is correct and
current.
You
also agree that the User Content and the rights and licences granted to us
under these Terms and Conditions do not and will not violate any applicable
law, statute or regulation and do not and will not breach any duty toward or
rights of any person or entity including, without limitation, intellectual
property rights, publicity or privacy, or rights or duties under consumer
protection, product liability, tort or contract theories.
You
acknowledge and accept that Warner Music has the right but not the obligation
to monitor and to moderate your User Content provided to us and that Warner Music
has the right to remove, edit and suspend any User Content that it considers in
its absolute discretion to be inappropriate and in appropriate cases to provide
copies of your User Content to the appropriate authorities. You also accept, however, that Warner Music
has no obligation to monitor or moderate any of your User Content and its right
to do so should not in any respect be regarded as a substitute for your
obligations under these Terms and Conditions.
Whilst using the Services if you encounter Content or User Content you find objectionable or offensive, which may or may not be identified as being of an explicit nature, or which you believe is unlawful or infringes the rights of a third party, please contact us, using the address set out above under the heading General Terms and Conditions of Use or by emailing us <here>. For us to consider removing any such content, your notice to us should set out for each such instance of Content or User Content:
(i) your full name and address;
(ii)
details of the location of the Content or User Content in question; and
(ii)
details of the unlawful nature of the activity or information in question.
The online store may provide some or all of the following (individually and collectively defined as “Products”):
·
download
services for music, videos and other Content such as wallpaper, screensavers
and logos;
·
streaming
services designed to enable you to preview and/or listen to and/or watch music
and videos online; and/or
·
the
ability to select and purchase Cds, DVDs, merchandise and/or tickets from us
in accordance with the terms below.
You will need to register with the Site to
purchase Products. You may purchase downloads for your personal and
non-commercial use only. We may
withdraw Products from the Site at any time.
Please note the System Requirements for downloads and ensure
your system is compatible before purchasing.
To order a Product click the relevant icon on screen. You will be asked to provide your credit card details and, if you have not already created an account with us, to register your contact details, including a username and password. Once you click the button which confirms your purchase, your payment card details will be submitted to our payment services provider for secure processing.
Your order represents an offer to us
to purchase a Product which is accepted by us only when your chosen Product is
made available to you for download or is otherwise dispatched to you. We may
reject your order for any reason prior to acceptance. If we reject your order
after payment has already been taken, we will immediately provide you with a
refund.
You can
download each purchased download by going to the My Account section
of the Site, selecting “Download History” and then clicking on the ‘download’
tab. You may only transfer downloads to
portable devices (e.g. mp3 players) and burn downloads to CDs in accordance
with the rules set out in the section headed Usage Rules for Downloads below.
The credit and/or debit cards which we can accept for
payment are as set out at the point of payment on the Site. Prices appear on the Site and are inclusive of
VAT unless otherwise stated. We may change the prices for Products at any time
by posting new prices on the Site.
We do not store the payment information which you provide to
the Site.
By paying using your credit or debit card you confirm that
the card is yours and that there are sufficient funds or credit available to
cover the charges. The purchase will appear on your credit card or bank
statement under the merchant name Warner and you may receive separate order
references if you purchase a mixed basket of digital and physical Products. Your credit or debit card will not be charged
until Products are dispatched to you.
We use encryption technologies to
protect the security of your payment details and log in information whilst we
process your order.
Please note that downloads may be subject to data charges by
your internet or mobile phone provider.
You are responsible for payment of such charges. For
mobile downloads we strongly recommend using a 3G service and that you have a
mobile data tariff.
We are not
able to cancel your purchase once we begin the process of supplying your
download.
You may copy each download on to
up to 3 computers and transfer each download to up to 3 compatible portable
devices. You may burn each audio only download to a CD up to 10 times. You may not burn any audio-visual products
(e.g. video downloads) to DVDs or otherwise.
You may export, burn (if
applicable) or copy Products (where permitted) solely for personal
non-commercial use.
With the exception of downloads
and tickets, you have a right to cancel your purchase of Products from the
online store and receive a full refund if you return such Products to us,
unopened (ie in original sealed packaging) and undamaged at the address below
within eight (8) days of the day on which you receive such Products. The
date upon which the package is post-marked will determine whether you have
returned the Product within this time period and Products will be deemed
received 2 days after the date of the post-mark (not including Sundays and
public holidays).
You have no right of cancellation
in the event that you have unsealed (ie opened) audio or video Products
received from us. Tickets and downloads
purchased are non-refundable and non-exchangeable.
The Site may allow you to purchase Content such as
ringtones, realtones and wallpapers using your mobile phone at the specified
price, by either:
·
texting
the code of your chosen product to a specified number; or
·
texting
a keyword which will transfer you to the artist’s WAP site where you can browse
and select products for purchase.
Follow the onscreen instructions on the Site to use these
Services.
All mobile purchasers are subject
to these terms and conditions unless otherwise specified. Mobile purchases are not a subscription
service unless otherwise stated.
Availability
Please check your handset and network compatibility before
ordering downloads to your handset as there are no refunds for mobile downloads
or purchases of any other mobile digital Products unless set out in these terms
and conditions.
Please ensure your handset is WAP compatible and that your
WAP service is activated. To activate your WAP service, please contact your
mobile operator.
There may be limits on the volume of content that can be
stored on your mobile at any one time. For further information, please refer to
the manufacturer of your handset.
This Service is available in the
Please ensure that you have the
bill payer's permission before placing your order.
Prices
Prices are as set out on the Site.
The text you send in and any
download charges made by your network operator will be at your normal operator
rate.
Making an Order
Your order represents an offer to
us to purchase an item which is accepted by us only when we make your purchase
available for access or download or provide you with such download. Payment will be taken upon receipt of your
order. We may reject your order for any reason prior
to acceptance. If we reject your order after payment has already been taken, we
will immediately provide you with a refund.
Delivery
If your order is accepted you will
be sent a link via SMS - click on the link to download your chosen product to
your mobile handset.
Please allow up to 24 hours for
delivery of the link to your mobile handset.
Technical Problems
Occasionally, technical problems may delay or prevent
delivery of a purchased Product. In those circumstances, your sole remedy will
be either a replacement Product or a refund, as determined by us in our sole
discretion. Your statutory rights are not affected.
We will not be liable to you for failures, defects or delays
in delivery caused by:
·
Your
provision of incorrect information;
·
Your
mobile handset being incompatible with the Service;
·
Your
mailbox being full and unable to receive Content;
·
Your
handset having limited signal;
·
Your
failure to comply with instructions for use of the Service; or
·
An
event which is outside of our reasonable control.
Your
When you buy a ringtone, realtone
or other Products using your mobile, your mobile number will be added to our
mobile database. You may receive messages, at no cost to you, about the artist
in which you have expressed an interest, other artists in the Warner group
which may interest you or the applicable genre. By providing us with your mobile number you
agree to allow us to store, transfer and use it in accordance with our Privacy
Policy. For our full Privacy Policy
click here: www.wminewmedia.com/privacy.
If at any point you want to stop these messages simply follow the
unsubscribe instructions included on each one.
Competitions
We may from time to time promote competitions on the Site. The terms and conditions applicable to any competition will be posted separately on the Site at the relevant time and will form part of these Terms and Conditions.
We may, in our sole discretion, terminate your password, account (or any part thereof) or use of the Site without notice if you are in breach of these Terms and Conditions or if Warner believes in our absolute discretion that your User Content or your use of the Service or the Software is unsuitable.
Termination, suspension or cancellation of your access rights shall not affect any other right or relief to which we may be entitled, at law or in equity.
Upon
termination, all rights granted to you under these Terms and Conditions will
automatically terminate and immediately revert to Warner and its licensors
(save for any continuing rights which you may have in connection with Products
which you have purchased from the Site).
Through the Site, you will be provided with services that may include information, editorial content, links to other web sites and other services and content that Warner may decide to offer, subject to the terms hereof. Warner may, in its sole discretion, discontinue or alter all or any aspect of the Site or Services, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Services and Products for certain platforms (i.e., computer types and operating systems), (iii) restricting the amount of use permitted, and (iv) restricting or terminating your right to use all or part of the Services, at any time in our sole discretion and without prior notice or liability.
Warner intends to provide as part of the Services the most current information available and Warner will make reasonable efforts to ensure that the information is updated on a regular basis. However, we make no guarantee whatsoever that the information posted is accurate or timely.
The Site provides links to web sites maintained by third parties (“Third Party Sites”) and we may from time to time provide third party materials on the Site. NEITHER WARNER, ITS PARENT OR SUBSIDIARY COMPANIES NOR THEIR RESPECTIVE AFFILIATES OR SUPPLIERS OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES.
THE SERVICES, MATERIALS AND PRODUCTS AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WARNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. WARNER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SITE GENERALLY, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WARNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SITE OR IN THIRD PARTY SITES, INCLUDING WITHOUT LIMITATION, IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE.
By using the Site, you accept the risks of errors and/or omissions in the Site, including the transmission or translation of information. You acknowledge and agree that your use of the Site, and any information sent or received in connection therewith, may not be secure and may be intercepted by unauthorised parties.
You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Site, including the information offered by you, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information, provided hereunder.
IN NO EVENT SHALL WARNER, ITS PARENT OR SUBSIDIARY COMPANIES OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSSES OR FOR EXEMPLARY DAMAGES OR FOR ANY DIRECT OR INDIRECT LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER SUCH LOSSES, INCLUDING WITHOUT LIMITATION ANY SUCH LOSS OR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE USE, DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN