Please read these Terms and Conditions carefully.
These Terms and Conditions govern your relationship with Warner Music UK Limited ("Warner", "the Company", "we", "our", "us") when you use our online or wireless services (the "Services"), including the services on the website or WAPsite 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 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:
Warner Music UK Limited
The Warner Building
28a Kensington Church Street
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. However, where you purchase goods from the online store, the terms and conditions of such purchase will be those which were in existence at the time of purchase, and shall remain so for the duration of that particular transaction.
The Services, the Site and all material on the Site, including, but not limited to, text, graphics, photos, logos, button icons, images, music, audio and audio visual clips, digital downloads, databases, data compilations, data and software ("Content") are owned, controlled by or licensed to Warner, its affiliates, licensors and/or licensees. All rights in the Content are the sole and exclusive property of Warner or such affiliates, licensors and/or licensees.
Unless otherwise specified, the Site, the Services and Content are for your personal and non-commercial use only.
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) without our express written agreement except for the sole purpose of viewing the Content and using the Services as permitted.
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
Mac requires Firefox or Safari.
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.
Mobile downloads (eg realtones, polyphonics, fulltrack to mobile etc.) are delivered via WAP, GPRS or 3G depending upon your mobile data connection. You may incur data charges while downloading. For downloads to your mobile phone (if applicable) we strongly recommend using a 3G service with a mobile data tariff. If you are unsure about your handsets capabilities or about your WAP connection, please contact your network provider.
Registration and Passwords
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 your 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.
Your Use of our Site
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.
Content Provided by You
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 . 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. You are not granted any commercial sale, resale, reproduction, distribution or promotional use rights for the Products or any other Content, including any rights for uses that require a synchronisation or public performance licence with respect to the underlying musical composition. 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.
Prices and Payment
Prices (including VAT and any delivery costs) are as set out on the Site. Prices are subject to change at any time before you submit your order. The text you send in and any download charges made by your network operator will be at your normal operator rate.
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. You are responsible for payment of VAT and, if you are based outside the UK, any other applicable import duties and taxes that are levied once the Products reach your country.
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 when you confirm your order on the Site.
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.
Making a Website Order
To order a Product click on the "Buy Now" icon next to the relevant Product icon on screen. You will then be taken to the Basket screen, which displays the Product(s) selected and the delivery options for any physical Products. Once you have selected your delivery option (if appropriate), you should then click on the "Proceed" icon. 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. You should then click on the "Proceed" icon and you will be taken to the Payment Details screen, where you will be asked to enter your credit card details. Once you have done this, you should then click on the "Proceed" icon and you will be taken to the Order Summary screen, which contains a summary of your order. 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 order represents an offer to us to purchase a Product which is accepted by us only when we receive payment from you in respect of such Product. We may reject your order for any reason prior to acceptance.
You can download each purchased download by clicking on the download link displayed on the Order Receipt Confirmation screen. 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.
Making a WAPsite Order
The Site may allow you to purchase Content such as ringtones, realtones and wallpapers using your mobile phone at the specified price, by texting the code of your chosen product to a specified number. You will then receive an SMS which contains a link to the relevant WAPsite, from where you can browse content and select Products for purchase. Follow the onscreen instructions on the Site to use these Services. 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.
Your order represents an offer to us to purchase a Product which is accepted by us only when we receive payment from you in respect of such Product. 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.
All mobile purchasers are subject to these terms and conditions unless otherwise specified. Mobile purchases are not a subscription service unless otherwise stated.
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 UK only.
Please ensure that you have the bill payer's permission before placing your order.
Your Mobile Number
Right of Cancellation
With the exception of downloads and tickets, you have a right to cancel your purchase of Product(s) from the Site and receive a full refund if you retain such Product(s) unopened (i.e in original sealed packaging) and undamaged and notify us at the customer service email address below within seven (7) working days beginning with the day after the day on which you received such Product(s). In the event of your cancellation as outlined above, 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. The date upon which the package is post-marked will determine whether you have returned the Product(s) 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). We will not be responsible for the costs of such return. Failure to comply with the return obligations under this clause will result in a deduction by us of the direct cost of recovering the unreturned Product(s). 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) audio or video Products received from us. Tickets and downloads purchased are non-refundable and non-exchangeable.
We will endeavour to process your order within 24 hours from receipt of payment from you. You should receive your Product within 5 working days of placing of your order. If there is going to be a delay, we will notify you by email of the estimated delivery dates, whereupon you will be given the option to continue with your order or request a full refund.
Usage Rules for Downloads
We are not able to cancel your purchase once we begin the process of supplying your download.
In respect of mp3 downloads, you are permitted two (2) re-deliveries of each mp3 previously downloaded by you to the PC, portable device or mobile device (as applicable) to which the mp3 was originally delivered in the event of a bona fide hard drive crash or operating system upgrade.
To initiate re-delivery, either (i) click on your original download link; or (ii) contact customer services at the email address provided below, and a download link will be re-issued to you.
You may not burn any audio-visual Products (e.g. video downloads) to DVDs or otherwise. Each purchased audio-visual Product may be activated on up to three (3) PCs, in each case, for personal use. You may transfer audio-visual Products from PCs to up to three (3) portable devices with security set at a level no less than "1000".
You may export, burn (if applicable) or copy Products (where permitted) solely for personal non-commercial use.
Technical Problems and Defective Products
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.
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 receipt (determined in the same manner as the Right of Cancellation 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 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.
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. No employees, agents or directors of Warner, its associated companies or subsidiaries or any advertising agency or web company connected with Warner, or any member of any such person's family may enter any competitions on the Site.
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.
Limitation of Liability
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 OR OBTAINED ON OR THROUGH THE SITE OR OUR REMOVAL OR DELETION OF ANY SERVICES OR MATERIALS ON THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF WE OR ANY OF OUR SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY LOSSES, DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF ANY SERVICE OR INFORMATION ON OR CONNECTED WITH THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES. ACCORDINGLY SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OF WARNER OR FOR FRAUDULENT MISREPRESENTATION.
You agree to defend, indemnify and keep indemnified and hold harmless Warner, its parent and subsidiary companies and their respective directors, officers, employees and agents, as well as their licensors and suppliers (the "Indemnified Parties"), from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of:
- any misrepresentation, act or omission made by you in connection with your use of the Site, Services and/or Products;
- any non-compliance by you with these Terms and Conditions; or
- claims brought by third parties arising from or related to your access or use of the Site, including without limitation the information made available by you to the Site.
You acknowledge and agree that the warranties, disclaimers and limitations in these Terms and Conditions are material terms and that they have been taken into account in the decision by Warner to provide the Site and Services hereunder.
You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of Warner. Any such assignment shall be invalid without such consent.
If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions.
These Terms and Conditions and any posted operating rules constitute the entire agreement of the parties with respect to your use of the Site and the Services, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such use. You agree that you have not relied on any statements made by Warner in your decision to agree to these Terms and Conditions.
The rights and remedies provided in these Terms and Conditions are cumulative and are not exclusive of any rights and remedies provided by law or otherwise.
No failure or delay by either of us in exercising any right, power or privilege under these Terms and Conditions shall operate as a waiver of that right, power or privilege and no single or partial exercise by either you or Warner of any right, power or privilege shall preclude any further exercise of that right, power or privilege or the exercise of any other right, power or privilege.
No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party.
Neither of us intends that any term of these Terms and Conditions shall be enforceable solely by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to these Terms except any of the Indemnified Parties.
Nothing in these Terms and Conditions shall be construed as constituting a partnership or joint venture between you and Warner and neither of us shall be or hold itself out to be the agent of the other.
These Terms and Conditions shall be governed by and construed in accordance with the laws of England. You hereby agree to the non-exclusive jurisdiction of the Courts of England regarding any and all disputes relating to or arising from these terms and conditions or your use of the Site or the Services.
If you have any queries about these Terms and Conditions, the Site or any of our Services please contact us at the following address:
Warner Music UK Limited
The Warner Building
28a Kensington Church Street
For all customer service enquires (including technical queries and returns), please contact us at the following email address:
© Warner Music UK Limited 2009