LAST UPDATED: 7
This site (together with any successor site(s) and all Services
(as defined below), the “Site”) is operated by Warner Music UK Limited (“we,”
“us”), in the case of e-commerce site, WMIS ltd. We provide Site users with access to content and
services related to us and our artists, including music, images, forums, games,
text, data and other similar content (such content and services, collectively,
the “Services”). Your use of the Site is governed by these
Site (including through the Internet, through Wireless Access Protocol (commonly
referred to as “WAP”), through a mobile network, or otherwise). This Agreement
is between you and us.
NOTE: The Site may include or be used in connection with certain
Third Party Applications (as defined in Section 12 below). Your
access to or use of such Third Party Applications may be governed by additional
terms and conditions that are not set forth in this Agreement and that are made
available by the particular providers of such Third Party Applications.
1.Acceptance of Terms : By using the Site, you agree to the terms of this
Agreement and to any additional rules and guidelines that we post on the
Site. We may make changes to this Agreement from time to time; we
may notify you of such changes by any reasonable means, including by posting
the revised version of this Agreement on the Site. You can determine
when we last changed this Agreement by referring to the “LAST UPDATED”
legend above. Your use of the Site following changes to this
Agreement will constitute your acceptance of those changes; provided, however,
any material change to this Agreement shall not apply retroactively to any
claim or dispute between you and us in connection with this Agreement that
arose prior to the “LAST UPDATED” date applicable to that version of this Agreement
in which we included such material change. We may, at any
time, modify or discontinue all or part of the Site; charge, modify or
waive fees required to use the Site; or offer opportunities to some or all Site
2.Jurisdiction. The Site is not intended to subject us to non-U.S. jurisdiction or laws, except as otherwise expressly stated in this Agreement. The Site may not be appropriate or available for use in some jurisdictions. If you access the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
3.Information You Submit:
4.Rules of Conduct In using the Site, you agree to obey the law, respect the rights of others and avoid objectionable, defamatory or disruptive behavior. In addition, you will comply with the following “Rules
of Conduct” as updated from time to time by us. You will not:
Post,transmit, or otherwise make available, through or in connection with the Site:
Anything that is or may be
(a) threatening, harassing, degrading, hateful or
(c) fraudulent or tortious;
(d) obscene, indecent, pornographic or otherwise objectionable;
(e) protected by copyright, trademark, trade secret, right of publicity
other proprietary right without the express prior consent of the owner of such right.
Any material that would give rise to criminal or civil liability; that encourages
conduct that constitutes a criminal offense; that promotes gambling; or that
encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking” or “phreaking.”
Any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer
code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware,
software or equipment.
Any unsolicited or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.
Any material non-public information about a company without the proper authorization to do so.
Use the Site for any fraudulent or unlawful purpose.
Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information
about other users of the Site.
Impersonate any person or entity, including any of our (or our affiliates’) representatives; falsely state or otherwise misrepresent your affiliation with
any person or entity; or express or imply that we endorse any statement or posting you make.
Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or
regulations of such networks.
Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site).
Use the Site to advertise or offer to sell or buy any goods or services without our express prior written consent.
Reproduce,duplicate, copy, sell, resell or otherwise exploit for any commercial purposes,any portion of, use of, or access to the Site.
Except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
Frame or mirror any part of the Site without our express prior written consent.
Create a database by systematically downloading and storing all or any Site content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine"
or in any way reproduce or circumvent the navigational structure or presentation of the Site, without our express prior, written consent.
We may terminate your use of the Site for any conduct that we
consider to be inappropriate, or for your breach of this Agreement, including the Rules of Conduct (including, without limitation, if you repeatedly engage
in copyright infringement via or in connection with the Site).
may need to register to use any part(s) of the Site. We may reject,
or require that you change, any user name, password or other information that
you provide to us in registering. Your user name and password are
for your personal use only and should be kept confidential; you are responsible
for any use of your user name and password, and you agree to promptly notify us
of any confidentiality breach or unauthorized use of your user name and
password, or your Site account.
Site may contain areas where you can post information and materials, including,
without limitation, text, images, photographs, graphics, music, videos,
audiovisual works, data, files, links and other materials (each, a “Submission”). For
purposes of clarity, you retain ownership of any Submissions that you post,
subject to the terms and conditions of this Agreement (including the license
grant in Section 6(b) below).
For each Submission that you post, you hereby grant
to us and our affiliates (including without limitation Warner Music Group,
Atlantic Records, Warner Records, Rhino Entertainment and our other
affiliated record labels listed here: www.wminewmedia.com/affiliates) (collectively, our “Affiliates”) a world-wide, royalty free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to: (i) reproduce, distribute, transmit, communicate to the public, perform and display (publicly or otherwise), edit, modify, adapt, create derivative works from and otherwise use such Submission, in any format or media now known or hereafter developed, on or in connection with the Site or any of our (or our Affiliates’) similar services or products (e.g., any web sites, and any desktop, mobile or other applications, widgets or APIs) (such services or products, collectively, the “Site-Related
Services”); (ii) exercise all trademark, publicity and other proprietary rights with regard to such Submission; (iii) use your name, photograph, portrait, picture, voice, likeness and biographical information as provided by you in connection with your Submission for any promotional purposes related to the Site or the Site-Related Services, in each case, in connection with your Submission; and (iv) use your Submission (including the contents thereof) for any promotional purposes related to the Site, the Site-Related Services, and Artists. For the purpose of clarification, nothing in this Agreement shall be deemed to authorize you to incorporate into any Submission any content or material owned by us, our Affiliates or our respective artists (“Artists”), directors, officers, employees, agents and representatives (“Representatives”) and licensors and service providers (collectively, “Providers”). IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS SECTION 6, PLEASE DO NOT POST ANY SUBMISSIONS ON THE SITE.
. It is possible that Site visitors will post information or materials on the Site
that are wrong or misleading or that otherwise violate this Agreement. We, our Affiliates and our respective Artists,
Representatives and Providers do not endorse and are not responsible for any
information or materials made available through the Site or your use of such information or materials. All Submissions will be deemed to be
non-confidential and may be used by us (i) without any confidentiality or other non-disclosure obligations and (ii) without attribution to you
or any third party. We reserve the right, in our sole discretion and at any time, to set limits on the number and size of any Submissions that may
be posted on the Site or the amount of storage space available for Submissions.
Acknowledgement You hereby acknowledge and agree that (i) you have received good and valuable
consideration in exchange for the rights granted by you hereunder in and to any Submission that you post, including, without limitation, the ability to
participate in activities on the Site and the possibility that publicity or favorable exposure may arise from our or our Affiliates’ use of such Submission
or any derivative works incorporating or embodying such Submission; and (ii) you are not entitled to any further compensation for any use or other
exploitation of such Submission by us or our Affiliates or any other party (including, without limitation, our or our Affiliates’ Artists, Representatives
and Providers) pursuant to the rights in such Submission that have been granted hereunder and/or that are available under applicable law.
. You hereby represent and warrant that: (i) you have the legal right and authority to enter into this Agreement;
(ii) you solely own, or otherwise have the full right and
permission to exploit, all of the rights in, to, and under any Submission that you post and to grant the rights and licenses set forth herein, and with
respect to any third party materials that appear in or are otherwise incorporated or embodied any Submission that you post, you have obtained
express, written clearances from all owners of and rights holders in such third party materials as necessary to grant the rights and licenses set forth herein;
(iii) you have obtained the written consent, release, and/or permission of every identifiable individual who appears in any Submission that you post, to
use such individual’s name and likeness for purposes of using and otherwise exploiting such Submission(s) in the manner contemplated by Agreement, or, if
any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such
individual’s parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request); (iv) any
Submission that you post, and the use thereof by us, our Affiliates, and our and their respective designees (including, without limitation, our and their
respective Artists, Representatives and Providers), do not and shall not infringe upon or violate any patent, copyright, trademark, trade secret, or
other intellectual property rights or other rights of any third party; (v) any Submission that you post is not confidential and does not contain
any confidential information; and (vi) in creating, preparing and posting any Submission, you (A) have complied and will comply in all respects with
all applicable laws, rules (including, without limitation, our Rules of Conduct), and regulations and (B) have not violated and will not violate
any understanding by which you are explicitly or implicitly bound (including without limitation any agreement with any third party). If you do
post a Submission that contains the likeness of an identifiable individual, we strongly encourage you not to include any identifying information (such as the
individual’s name or address) within such Submission.
. To the extent permitted under applicable law, you agree to forever release, discharge and
waive all claims against us, our Affiliates and our and their respective Artists, Representatives and Providers from, and covenant not to initiate,
file, maintain, or proceed upon any suit, claim, demand, or cause of action
against us, our Affiliates and our and their respective Artists, Representatives and Providers with respect to, any and all claims, demands,
actions, losses, costs, damages, liabilities, judgments, settlements and expenses (including, without limitation, reasonable attorneys’ fees) that
relate in any way to this Agreement and/or the use of any Submission in a manner consistent with the rights granted under this Agreement, including,
without limitation, any claim for idea misappropriation. Additionally, to the extent permitted under
applicable law, you hereby waive any and all rights that you may have under laws worldwide that concern “moral rights” or “droit moral,” or similar rights,
in connection with any Submission that you post (and you hereby represent and warrant that you have obtained clear, express written waivers from any
applicable third parties with respect to any and all rights that such third parties may have under such laws in connection with any Submission that you
post). At any time upon our request, you
shall: (i) take or cause to be taken all such actions as we may reasonably deem necessary or desirable in order for us and our Affiliates to
obtain the full benefits of this Agreement and any licenses granted by you hereunder, and (ii) execute a non-electronic hard copy of this
Agreement. Without limiting any other provision herein, you agree to indemnify us, our Affiliates, and our and their respective Artists,
Representatives and Providers as further set forth herein, including in Section 16 below.
No Obligation to Use
For the purpose of clarification, it shall be in our sole discretion whether or not to exercise any right granted to us under this Agreement, and we shall have no obligation to use or otherwise
exploit any Submission.
. Notwithstanding anything to the
contrary in this Agreement, we and our Affiliates do not accept, invite or
consider unsolicited submissions of ideas, proposals or suggestions (“Unsolicited
Submissions”), whether related to the Site, our Products or
otherwise. We do not treat Unsolicited Submissions as confidential,
and any Unsolicited Submission will become our or our Affiliates’ sole
property. We and our Affiliates have no obligations with respect to
Unsolicited Submissions and may use them for any purpose whatsoever without
compensation to you or any other person.
may, but have no obligation to: (a) monitor, evaluate or alter
Submissions before or after they appear on the Site; (b) seek to verify that all rights, consents, releases and permissions in or relating to such
Submission have been obtained by you in accordance with your representations above; (c) refuse, reject or remove any Submission at any time or for any
reason (including, without limitation, if we determine, in our sole discretion, that all rights, consents, releases and permissions have not been obtained by
you despite your representations above). You agree to cooperate with us in our verification or inquiries related to the foregoing. We may
disclose any Submissions and the circumstances surrounding their transmission to anyone for any reason or purpose, and in accordance with our Privacy
Policy. If you become aware of any unlawful, offensive or objectionable material(s) on the Site (except for material that infringes
copyright, which is addressed in Section 22 below), contact us at firstname.lastname@example.org with your name and address, a description of the
material(s) at issue and the URL or location of such materials.
Unless we expressly provide
otherwise, all purchases made through the Site (each such purchase, a “Transaction”),
all products made available through the Site (collectively, the “Products”)
and your use of such Products are subject to our Transaction Terms, which are
located at www.wminewmedia.com/transactionterms (the “
Transaction Terms”). If a separate agreement provided by us or an Affiliate in connection with the Site 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 this Agreement and/or the Transaction Terms, the terms of such separate agreement will govern. References to Products on the Site do not imply our endorsement of those Products.
10. Rules for Promotions :
Any sweepstakes, contests, raffles or other promotions
(collectively, “Promotions”) made available through the Site may be
governed by rules that are separate from this Agreement. If you
participate in any Promotions, please review the applicable rules as well as
Agreement, the Promotion rules will apply.
11.Our Proprietary Rights
. We, our Affiliates and our respective licensors and
suppliers own the information and materials made available through the
Site. Such information and materials are protected by copyright,
trademark, patent and/or other proprietary rights and laws. Except
as expressly authorized in advance by us, you agree not to reproduce, modify,
rent, lease, loan, sell, distribute or create derivative works based on, all or
any part of the Site or any information or materials made available through the
We, our Affiliates and/or our respective licensors or suppliers
own the trade names, trademarks and service marks on the Site, including
without limitation WARNER MUSIC. All trademarks and service marks on the Site not owned by us or our Affiliates are the property of their respective owners. You may not use our trade names, trademarks and service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any license or right to use any trade names, trademarks or service marks without express prior written consent of the owner
PLEASE NOTE THAT UNAUTHORIZED USE OF ANY SERVICE OR PRODUCT,
INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE USED BY THE SERVICES, MAY SUBJECT
YOU TO CIVIL AND CRIMINAL PENALTIES, (INCLUDING, WITHOUT LIMITATION, POSSIBLE
MONETARY DAMAGES), INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.
12.Third Party Applications
. The Site may include third party
software applications and services (or links thereto) that are made available
by our Providers (“Third Party Applications”). Because we do
not control Third Party Applications, you agree that neither we nor our
Affiliates, nor our respective Artists and Representatives, are responsible or
liable for any Third Party Applications, including the performance, accuracy,
integrity, quality, legality, usefulness, or safety of, or intellectual
property rights relating to, Third Party Applications or their
use. We have no obligation to monitor Third Party Applications, and
we may remove or restrict access to any Third Party Applications (in whole or
part) from the Site at any time. The availability of Third Party
Applications on the Site does not imply our endorsement of, or our affiliation
with any Provider of, such Third Party Applications. Further, your
use of Third Party Applications may be governed by additional terms and
example, terms and conditions that are made available by Providers themselves
in connection with Third Party Applications). This Agreement does
not create any legal relationship between you and Providers with respect to
Third Party Applications, and nothing in this Agreement shall be deemed to be a
representation or warranty by us, or any of our Affiliates, or our respective
Artists, Representatives or Providers, with respect to any Third Party
13. Third Party Content
The Site may incorporate certain functionality that
allows, via the system or network of which the Site is a component, the routing
and transmission of, and online access to, certain digital communications and
content made available by third parties (“Third Party Content”). By
using such Site functionality, you acknowledge and agree that you are directing
us to access and transmit to you Third Party Content associated with such functionality. Because
we do not control Third Party Content, you agree that we are neither
responsible nor liable for any Third Party Content, including the accuracy,
integrity, quality, legality, usefulness, or safety of, or intellectual property
rights relating to, Third Party Content. We have no obligation to
monitor Third Party Content, and we may block or disable access to any Third
Party Content (in whole or part) via the Site at any time. Your
access to or receipt of Third Party Content via the Site does not imply our
endorsement of, or our affiliation with any provider of, such Third Party
Content. Further, your use of Third Party Content may be governed by
additional terms and conditions that are not set forth in this Agreement or our
the providers of such Third Party Content). This Agreement does not
create any legal relationship between you and the providers of such Third Party
Content with respect to such Third Party Content, and nothing in this Agreement
shall be deemed to be a representation or warranty by us, or any of our
Affiliates, or our respective Artists, Representatives or Providers, with
respect to any Third Party Content.
14. Links and Feeds
Site may provide links to or feeds from other web sites and online resources. We and our Affiliates are not responsible for and do not
endorse such external sites or resources. Other sites may link to the Site with or without our authorization, and we may block any links to or
from the Site. YOUR ACCESS TO AND USE OF THIRD PARTY WEB SITES, CONTENT AND RESOURCES IS AT YOUR OWN RISK.
15.Limitations of Liability and Disclaimers
THE SITE AND ALL
GOODS, SERVICES, THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION AND
MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU "AS IS”
WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE, OUR
AFFILIATES AND OUR RESPECTIVE ARTISTS, REPRESENTATIVES AND PROVIDERS DISCLAIM
ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WITH
RESPECT TO THE SITE AND ALL GOODS, SERVICES, THIRD PARTY APPLICATIONS, THIRD
PARTY CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE SITE,
INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND
TITLE. (CERTAIN PROVIDERS MAY SEPARATELY PROVIDE LIMITED
REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR THIRD PARTY APPLICATIONS; PLEASE
CHECK WITH SUCH PROVIDERS FOR FURTHER INFORMATION.) WE MAKE NO
REPRESENTATION OR WARRANTY THAT THE SITE (OR ANY PART THEREOF), ANY THIRD PARTY
APPLICATIONS OR ANY THIRD PARTY CONTENT IS OR WILL BE ACCURATE, COMPLETE OR
ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE
WITH THE SITE. YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY
TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE OR SERVICES (INCLUDING
INTERNET CONNECTIVITY) NEEDED TO USE THE SITE AND (B) ENSURE THAT ANY
SOFTWARE, HARDWARE OR SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE
SITE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS
ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY,
COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY APPLICATIONS, THIRD PARTY
CONTENT, INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE.
WE, OUR AFFILIATES AND OUR RESPECTIVE ARTISTS, REPRESENTATIVES AND
PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE,
NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, LOSS
OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF
INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE
(INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH YOUR USE OR RECEIPT OF ANY
THIRD PARTY APPLICATIONS OR THIRD PARTY CONTENT), OR UNAUTHORIZED INTERCEPTION
OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH
DAMAGES OR LOSSES. FURTHER, WE, OUR AFFILIATES AND OUR RESPECTIVE
ARTISTS, REPRESENTATIVES AND PROVIDERS WILL NOT BE LIABLE FOR DAMAGES OF ANY
KIND RESULTING FROM YOUR USE OF THE SITE OR FROM ANY THIRD PARTY APPLICATIONS,
THIRD PARTY CONTENT, INFORMATION OR MATERIALS ON THE SITE. YOUR SOLE
AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE
SITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF
ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE)
OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID BY YOU TO US TO ACCESS AND USE THE
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS
ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES;
SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
While we try to maintain the security of the Site, we do not
guarantee that the Site or any Third Party Applications will be secure or that
any use of the Site or any Third Party Applications will be
uninterrupted. Additionally, third parties may make unauthorized
alterations to the Site or any Third Party Applications. If you
become aware of any unauthorized third party alterations to the Site, contact
us at email@example.com with a description of the material(s) at issue and the URL or location of such materials.
to the extent prohibited under applicable law, you agree to defend, indemnify
and hold harmless us, our Affiliates and our and their respective Artists,
Representatives and Providers, from and against all claims, losses, costs and
expenses (including attorneys fees) arising out of (a) your use of, or
activities in connection with, the Site; (b) any violation of thisAgreement by you; (c) any use or other exploitation, or failure or
omission to use or otherwise exploit, any Submission (including any portion thereof) that you post; or (d) any claim that your Submission or any use
or exploitation thereof caused damage to or infringed upon or violated the rights of a third party, including without limitation past, present or future
infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity or violation of rights related to the foregoing.
Agreement is effective until terminated. We may, at any time and for
any reason, terminate your access to or use of: (a) the Site, (b) your user name and password or (c) any files or information
associated with your user name and password. If we terminate your access to the Site, you will not have the right to bring claims against us, our
Affiliates or our respective Artists, Representatives and Providers with
respect to such termination. We and our Affiliates and our respective Artists, Representatives and Providers, shall not be liable for any
termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after
any such termination. We may take steps that we believe are appropriate to enforce or verify compliance with any part of this Agreement
(including our right to cooperate with any legal process relating to your use of the Site, any Products or any third party claim that your use of the Site or
Products is unlawful or infringes such third party’s rights). Sections 2, 6-8, 11-19, 21-23 and 25 shall survive any expiration
or termination of this Agreement.
18.Governing Law; Dispute Resolution
You hereby agree that this Agreement (and any claim or dispute arising in connection with this Agreement or your use of the Site) is governed by and shall be construed in
accordance with the laws of the State of New York, U.S.A., without regard to its principles of conflicts of law, and you consent to the exclusive
jurisdiction of the federal and state courts located in New York, New York, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections thereto.
the previous paragraph, if you reside in a member state of the European Union and are accessing the Site from a member state of the European Union, you
hereby agree that this Agreement (and any claim or dispute arising in connection with this Agreement or your use of the Site) is governed by and
shall be construed in accordance with the laws of England, without regard to its principles of conflicts of law, and you consent to the exclusive
jurisdiction of the English courts, and waive any jurisdictional, venue or inconvenient forum objections thereto.
You further agree that the United Nations Convention on the
International Sale of Goods will not apply to this Agreement. You
agree that any unauthorized use of the Site, the Products or any related
software or materials, or any Third Party Applications, would result in
irreparable injury to us, our Affiliates or our respective Artists,
Representatives and Providers for which money damages would be inadequate, and
in such event we, our Affiliates or our respective Artists, Representatives and
Providers, as applicable, shall have the right, in addition to other remedies
available at law and in equity, to immediate injunctive relief against you. Nothing
contained in this section or elsewhere in this Agreement shall be construed to
limit remedies or relief available pursuant to statutory or other claims that
we, our Affiliates or our respective Artists, Representatives and Providers may
have under separate legal authority, including, without limitation, any claim
for intellectual property infringement.
hereby notify you that parental control protections are commercially available
that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such
protections is available at: http://kids.getnetwise.org/ and http://onguardonline.gov/. Please note that we do not endorse any of the products or services listed at these sites.
20.Information or Complaints
. If you have a question or complaint regarding the Site, please feel free to contact us via e-mail at firstname.lastname@example.org. E-mail communications are not necessarily secure, so please do not include credit card information or other sensitive information in any e-mail to us. You may also contact us at
. Statements appearing on the Site that concern us, our Affiliates or our and their management and that are not historical facts are “ Forward-Looking Statements.” Forward-Looking Statements are only predictions,
and actual future events may differ materially from those discussed in any Forward-Looking Statement. Various external factors and risks affect
our operations, markets, products, services and prices. These factors and risks are described in our current annual report filed with the SEC
and in other filings we make with the SEC. You can access our most recent SEC filings via the SEC EDGAR system located at www.sec.gov
or you may obtain these filings directly from us at no charge. We disclaim any obligation or responsibility to update, revise or supplement any
Forward-Looking Statement or any other statements appearing on the Site.
22.Claims of Copyright Infringement
Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes
their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you
(or your agent) may send us a notice requesting that we remove the material or disable access to it. If you believe in good faith that someone has
wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must
meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Notices and counter-notices should be sent to:
DMCA Agent-Litigation Department
New York, NY 10019
Telephone Number: (212) 275-2000
We suggest that you consult your legal advisor before filing a notice or counter-notice.
23. Ability to Enter Into This Agreement
. By using the Site,
you affirm that you are of legal age to enter into this Agreement or, if you
are not, that you have obtained parental or guardian consent to enter into this
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
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
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.
24. Contact Us
If you have any questions regarding the meaning or application of this Agreement,
please direct such questions to email@example.com. E-mail communications are not necessarily secure, so please do not include credit card information or other sensitive information in any e-mail to us.
Agreement does not create any partnership, joint venture, employer-employee,
agency or franchisor-franchisee relationship between you and us. If
any provision of this Agreement is found to be unenforceable, that provision
will not affect the validity and enforceability of any other
provision. You may not assign, transfer or sublicense any or all of
your rights or obligations under this Agreement without our express prior
written consent. No waiver by either party of any breach or default
hereunder will be deemed to be a waiver of any preceding or subsequent breach
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