Transaction Terms

The following terms and conditions (the “Transaction Terms”) govern all Products (as defined below) and all Transactions (as defined below) in connection with this site (the “Site”).  These Transaction Terms hereby incorporate the terms and conditions of the Terms of Use www.wminewmedia.com/t&c applicable to this Site.  Unless we expressly provide otherwise, all Transactions, all Products and your use of such Products are subject to these Transaction Terms, which shall apply regardless of how you access the Site (including through the Internet, through Wireless Access Protocol (commonly referred to as “WAP”), through a mobile network, or otherwise).  If a separate agreement provided by us or an Affiliate governs a particular Transaction or Product, or your use of a particular Product, and the terms of such separate agreement conflict with the terms of these Transaction Terms or the applicable Terms of Use, the terms of such separate agreement will govern.  Unless otherwise expressly set forth herein, all capitalized terms in these Transaction Terms shall have the meanings ascribed to them in the applicable Terms of Use.

1.         Products.  All rights in any products that we make available through the Site, such as music, ring tones, ring back tones, SMS tones, images (e.g., screen savers), video, artwork, text, software and other copyrightable materials (collectively, the “Products”) are owned by us, our Affiliates and/or our (or their) licensors.  Subject to your compliance with the terms and conditions of these Transaction Terms and any other applicable terms and conditions imposed by us, our Affiliates and/or our licensors, you have a limited, revocable right to use those Products that you purchase or access through the Site solely for your personal, noncommercial use in accordance with the terms and conditions of these Transaction Terms and any other terms and conditions that may apply to such Products, which right you cannot transfer to others.  Any burning or exporting capabilities, if any, of any Product shall not constitute a grant or waiver of any of our rights or those of any copyright or other rights owners in such Product, any other Product or any content, sound recording, underlying musical composition, artwork or other copyrightable matter embodied in or associated with such Product or any other Product.  You understand that the Site and the Products include and/or rely on a security framework using technology that protects digital information and imposes usage rules established by us, our Affiliates and our (or their) licensors, and you hereby agree to abide by such usage rules, including those set forth in Section 6 below.

2.         Purchases.  If you wish to purchase any Products made available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information in connection with such Transaction, including without limitation your credit card number or other payment account number (for example, your wireless account number), your billing address, and your shipping information.  BY INITIATING A TRANSACTION, YOU REPRESENT AND WARRANT THAT YOU (A) ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US AND (B) HAVE THE LEGAL RIGHT TO USE THE PAYMENT MEANS SELECTED BY YOU.  By submitting such information, you grant us the right to use such information in accordance with our Privacy Policy, including, without limitation, by providing such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf.  Verification of information may be required prior to the acknowledgment or completion of any Transaction.  To initiate a Transaction, please follow the steps outlined here:

Ø       To order a Product click on the “Add To Basket” icon next to the relevant Product icon on screen.

Ø       You will then be taken to the Basket screen, which displays the Product(s) you selected and the delivery options for any physical Products. 

Ø       Once you have selected your delivery options, you should then click on the “PROCEED” button. 
At this point, you will be taken to a screen where you must enter your billing and delivery address and also add any additional notes to your order.

Ø       The delivery label is automatically generated from the address you type into your delivery details when you place your order, so you are responsible for getting this right. Please do not use foreign alphabet characters as this may not be recognised by our system and may cause your address to be displayed incorrectly. We are not responsible for non-delivery if you have entered your address incorrectly.

Ø       Click on the “Proceed” icon and you will be taken to the Order Summary screen, which contains a summary of your order. 

Ø       If you are happy to confirm your order, click on the “Confirm Purchase” icon, and your payment card details will be submitted to our payment services provider for secure processing.  Once your payment has been securely processed, you will be taken to the Order Receipt Confirmation screen.  The information on this screen will also be emailed to you at the email address you provide to us.

 

Your initiation of a Transaction represents an offer to us to make a purchase, which offer is accepted by us only when you receive confirmation from us in respect of such Transaction.  We may reject or cancel any Transaction for any reason prior to our acceptance of such Transaction.

Descriptions and images of, and references to, Products on the Site do not imply our endorsement of such Products.  Except to the extent prohibited by applicable law, we reserve the right, with or without prior notice, to change such descriptions, images, and references; to limit the available quantity of any Product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); to refuse to provide any user with any Product; and/or to refuse or cancel any Transaction for any reason prior to our acceptance of such Transaction pursuant to this Section 2.  Price and availability of any Product offered through the Site are subject to change without notice.  If applicable, Product prices on the Site will be inclusive of VAT unless we expressly provide otherwise.  In the event that a Product is listed at an incorrect price or with other incorrect information, we have the right to refuse or cancel any Transaction for such Product at any point prior to our acceptance of such Transaction pursuant to this Section 2.  You shall pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges, and any applicable network charges in respect of mobile downloads.  In addition, you remain responsible for any taxes (including, if applicable, VAT and/or any import duties) that may be applicable to your Transaction(s).

Except to the extent applicable law provides otherwise, all sales through the Site are final, and all charges from those sales are nonrefundable, except as otherwise expressly set forth in these Transaction Terms.  We or our third party designees may automatically process charges against your selected payment method on the receipt page or when we provide you with a "Download Now" link.  We or our third party designees will inform you if all or any portion of your order is canceled or if additional or different information is required to accept your order.

3.         Product Delivery.  Except to the extent prohibited by applicable law, we reserve the right to change Product delivery options without notice.  On occasion, technical and other problems may delay or prevent delivery of a particular Product.  Except to the extent that applicable law provides otherwise, your sole and exclusive remedy with respect to any Product that is not delivered within a reasonable period will be either replacement of such Product or a refund of the purchase price paid for such Product, as determined by us in our sole discretion.  We will endeavor to process Transaction(s) within twenty-four (24) hours from our receipt of payment.  You should receive any Product(s) that you order within five (5) working days of the placing of your order.  If we anticipate a delay in delivering a Product to you, we will seek to notify you by email of the estimated delivery date(s), and we will give you the option to continue with your order or request a full refund.

4.         Cancelling Your Purchase.  Except with respect to Products consisting of downloads and/or tickets, you have a right to cancel your Transaction(s) and receive a full refund, provided that (a) such Product(s) are unopened (i.e., in original sealed packaging) and undamaged and (b) you notify us of such cancellation via email to WarnerUKSupport@emerymailorder.com within seven (7) working days beginning with the day after the day on which you received such Product(s).  If you cancel a purchase pursuant to these Transaction Terms, you must return such Product(s) to us unopened and undamaged within seven (7) working days beginning with the day after the day on which we received your valid cancellation notice.  Returned Products will be deemed to have been received by us on the date that is two (2) days (not including Sundays and public holidays) after the post-mark date applicable to such returned Products.  We will not be responsible for any costs you incur in returning any Product(s) to us.  If you fail to comply with the return obligations set forth herein, we will be entitled to deduct from any refund the direct cost of recovering the unreturned Product(s).  Please note that if such cost is greater than the total refund amount, then no refund shall be given.  All refunds will be processed at our sole discretion according to the condition of the returned Product(s).

You have no right of cancellation in the event that you have unsealed (i.e., opened) Products received from us.  Tickets and downloads purchased are non-refundable and non-exchangeable.

5.         Defective Products.  In the event that you receive a defective physical Product, provided that you return such defective physical Product to us within seven (7) working days following your receipt of such Product (as determined pursuant to Section 4 above), we will (on your election) either send you a replacement physical Product, or provide you with a full refund.  We will cover the cost of any defective physical Product returned by you up to the value of standard Royal Mail first class postage.

We will not be liable to you for failures, defects or delays in delivery caused by:

·         Your provision of incorrect or outdated information;

·         Your mobile handset being incompatible with the Site;

·         Your mailbox being full;

·         Your handset having limited signal;

·         Your failure to comply with instructions for use of the Site; or

·         Any event which is outside of our reasonable control.

6.         Usage Restrictions for Products.  All Products you purchase or obtain on or through the Site are solely for your personal, non-commercial use.  Except as otherwise expressly provided herein, you may not reproduce, publish, transmit, distribute, display, broadcast, re-broadcast, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, any of the Products or any related software.  Except as permitted under applicable law, you may not reverse engineer, decompile, disassemble, modify or disable any Products or any copyright protection or use limitation systems associated with the Products.  You may not play and then re-digitize any Products, or upload any Products or derivatives thereof to the Internet.  You may not use the Products in conjunction with any other content, including without limitation, in conjunction with any other Products (e.g., to provide sound for video).  You may not transfer, sell or offer to sell the Products, including, without limitation, posting any Product for auction on any Internet auction site or “trading” the Products for money, goods or services.  You are not granted any commercial sale, resale, reproduction, distribution or promotional use rights for Products, including any rights for uses that require a synchronization or public performance license with respect to the underlying musical composition.  The delivery of a Product does not transfer to you any commercial rights in the Product, nor does such delivery transfer to you any rights to use the Product for promotional or other marketing purposes.  Additionally, the following usage restrictions apply based on the type of Product you are purchasing or obtaining through the Site:

PRODUCT TYPE

TERMS OF USAGE

Full Permanent Digital Audio Downloads (Non-MP3 Digital Audio Downloads Only)

Personal Computers:  You may not activate any audio track purchased or obtained via the Site on more than three (3) traditional personal computers.

CD Burning:  You may not make more than seven (7) burns of a particular playlist (such as an album) to a CD.

Portable Devices:  You may not transfer audio tracks purchased or obtained via the Site from personal computers to more than three (3) traditional portable devices (or to any cellular telephone or other device capable of cellular or WAP communication).

Full Permanent Digital Video Downloads

Personal Computers:  You may not activate each video purchased or obtained via the Site on more than three (3) traditional personal computers.

No DVD Burning:  You may not burn to DVD any digital copy of a purchased video.

Portable Devices:  You may not transfer videos purchased or obtained via the Site from personal computers to more than three (3) traditional portable devices (or to any cellular telephone or other device capable of cellular or WAP communication).

Digital Video Rentals

Limited-time downloads or limited-access streaming to a personal computer or portable device, including mobile devices, is permitted for a period of 24 hours or such other limited time period as specified in the particular offering pursuant to which the rental occurs.

Digital Audio Subscription Services

If you subscribe to an audio or video streaming or downloading on-demand service through the Site, you must register at least one (1) traditional personal computer (or other device that supports an industry-standard security solution and through which you may access this Site) and no more than three (3) traditional personal computers for the portion of the service (if any) that includes streaming and downloading on demand on a subscription basis.  If the applicable subscription service you subscribe to provides for streaming and downloading on demand for access on portable devices, you may register up to three (3) additional portable devices (expressly excluding any cellular telephone or other device capable of cellular or WAP communication).

You may access subscription services only through a registered device and only after providing a valid and unique “user name” and “password.”  We reserve the right to authenticate any registered device as belonging to you prior to allowing you to download or stream any audio or video content to such registered device on a subscription basis.

Subscription Services, Generally (e.g., fan club membership)

Your subscription to any subscription-based service through the Site will be limited to the applicable subscription period that you select when registering for such subscription.

 

7.         Product Requirements; Compatibility.  You acknowledge that use of our Products requires other hardware and software tools (e.g., in the case of full permanent audio downloads, for making copies of Products on physical media and rendering performance of Products on authorized digital player devices), and that such hardware and software, including, without limitation, all charges therefor, are your sole responsibility.  To the extent permissible under applicable law, we, our Affiliates and our (and their) Artists and Associates shall not be responsible or liable for the loss or damage of any Product.  Except to the extent prohibited by applicable law, we reserve the right to change at any time, with or without prior notice to you, the software or hardware required to download, transfer, copy and/or use or limit the use of any Products.

WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY PARTICULAR SOFTWARE, HARDWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM WILL BE COMPATIBLE WITH THE PRODUCTS OR THAT ANY SOFTWARE, HARDWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM USING THE PRODUCTS WILL FUNCTION IN ANY MANNER.  IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR SOFTWARE, HARDWARE, EQUIPMENT AND OTHER DEVICES AND SYSTEM(S) WILL FUNCTION CORRECTLY WITH THE PRODUCTS.

8.         Survival.  Except for the licenses granted to you (if any) pursuant to these Transaction Terms, these Transaction Terms shall survive any termination or expiration of the Terms of Use applicable to the Site.