TERMS & CONDITIONS
LAST UPDATED: 18 February 2010
The terms and conditions set out below (“Terms and Conditions”) are an agreement between you (“you”) and EMI Group Limited concerning your access to and use of the site currently located at http://www.emimusic.com and all Content (as defined below), (the “Website”).
Information about us
http://www.emimusic.com is a site operated by EMI Group Limited. We are a limited company registered in England and Wales under company number 00229231. EMI’s registered office is at 27 Wrights Lane, London W8 5SW, UK which is also our main trading address. Our VAT number is 676015826.If you would like to contact us in relation to this Website, please click here email@example.com.
A number of EMI Group companies are involved in providing this Website. Please click here for a full list of EMI Group companies.
Unless otherwise stated references in these Terms and Conditions to “EMI Group”, “EMI”, “we”, or “us” mean EMI Group Limited and/or any or all of its subsidiaries from time to time. Holding company and subsidiary shall be construed in accordance with section 1261(1) of the Companies Act 2006.
No charge is made for your use of the Website (unless otherwise stated), although you should be aware that charges for Internet use may apply at rates determined by your provider.
Note that special terms may apply to some products or services offered on the Website and shall be posted in connection with the applicable product, service, feature or activity. Any such terms are in addition to these Terms and Conditions, and in the event of a conflict, any such terms shall prevail over these Terms and Conditions.
Changes to the Website and the Terms and Conditions
We reserve the right to make changes to any part of the Website and it may be necessary to change these Terms and Conditions. We indicate at the beginning of these Terms and Conditions the date on which they were last updated. If you use the Website after we have published these changes, you will be agreeing to be bound by them. If you do not agree to be bound by the revised Terms and Conditions, you should not use the Website.
Description of Website
The Website is a website featuring news about EMI and its recorded music artists and provides information on the EMI Group of companies (see above under “Information about us”).
Information Submitted Through the Website
In addition, EMI reserves the right to monitor information supplied by those who use the Website, but it is not obliged to do so. EMI disclaims any responsibility for content submitted by users on or through any area of the Website including, without limitation, any chat areas, bulletin boards, and e-mail. EMI cannot and does not seek to limit the opinions and views of our users and such opinions and views, therefore, should not be taken to represent those of EMI.
Use of the Website
You may access the Website and the materials contained on it for your own personal, non-commercial use only. In exercising these rights you agree to abide by these Terms and Conditions, all applicable laws, regulations and codes of conduct.
All content included on the Website, such as text, documents, graphics, logos, button icons, images, audio and video, data compilations, together with any material sent to you by us in email or any other form as well as the software used in the Website (“Content” or “Contents”), is the property of the EMI Group or our licensors and is protected by copyright and database right laws around the world. The compilation of all Content on the Website is our exclusive property. You may not copy, download, upload, modify, reproduce, transmit, delete, add to, distribute in any way, or otherwise use for any purpose any of the Content except as stated in these Terms and Conditions, or with the prior consent of the owners of the Content.
Compliance with Laws
While using the Website, you agree to comply with all applicable laws, rules and regulations. In addition, your use of the Website is conditioned on your compliance with the rules of conduct set out in the section immediately below. Any failure to comply with all such applicable laws, rules and regulations or such rules of conduct may also result in termination of your access to the Website pursuant to the Termination section below.
Rules of Conduct
You agree that you will not:
·Post, transmit, or otherwise make available, through or in connection with the Website:
oAnything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
oAny material that could give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offence; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
oAny virus, bug, corrupt data 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.
oAny unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
oAny material, non-public information about a company without the proper authorisation to do so.
·Use the Website for any fraudulent or unlawful purpose.
·Attempt to obtain unauthorised access, through whatever means, to the Website, services or computer systems or areas of our or any of our partners’ networks. We reserve all rights to co-operate fully with court orders and law enforcement authorities requesting the disclosure of the identity of anyone attempting any of the foregoing.
·Use the Website 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 Website.
·Impersonate any person or entity, including without limitation any representative of EMI; use a false name, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website; or express or imply that we endorse any statement you make.
·Damage, interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks. In particular, you will not attempt to circumvent or damage security technology used on the Website to protect the Website’s Contents.
·Restrict or inhibit any other person from using the Website (including without limitation by hacking or defacing any portion of the Website).
·Use the Website to advertise or offer to sell or buy any goods or services without EMI’s 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 Website or any Content found on or originating from the Website.
·Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website.
·Remove any copyright, trade mark or other proprietary rights notice from the Website, any copies of Content made in accordance with these Terms and Conditions, or materials originating from the Website.
·Frame (or use framing techniques to enclose any page of the Website or part of any page of the Website) or mirror any part of the Website without EMI’s express prior written consent.
·Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Website content or reproduce or circumvent the navigational structure or presentation of the Website without EMI’s express prior written consent.
·Make available, or redistribute, any of the Content (including using it as part of any library, archive or similar service) without EMI’s express prior written consent.
Certain uses of the Website and Contents may require other hardware and software tools Such hardware and software, including, without limitation, all charges therefore, are your sole responsibility. EMI reserves the right, at any time, with or without prior notice to you to change the software required to download, transfer, copy and/or use, or limit the use of, any Contents.
EMI MAKES NO WARRANTY THAT ANY SOFTWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM USING THE CONTENTS WILL FUNCTION IN ANY MANNER.IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR SOFTWARE, EQUIPMENT AND OTHER DEVICES AND SYSTEM(S) WILL FUNCTION CORRECTLY WITH THE CONTENTS.
Availability – We aim to provide a fast and reliable service. However, due to the nature of the Internet, this cannot be guaranteed. Your access to the Website may also occasionally be suspended or restricted to allow for repairs, maintenance or the introduction of new facilities or services.
Linking – You may not link to any page of our Website, other than the Website home page, from any website controlled by you. If you link to the Website home page, you may not do so in any manner that would suggest that EMI is endorsing in any form, is associated with, or approves of you or of your website.
Names and trade marks
EMI Group’s trade marks (whether registered or unregistered), trade names and any service marks (“Trade Marks”) appearing on the Website are the property of the EMI Group and may not be used by you in any manner. All other trade marks, trade names or service marks not owned by the EMI Group that appear on this Website are the property of their respective owners, who may or may not be affiliated with, or connected to, the EMI Group and are also subject to similar restrictions on use.
You may not use “meta tags” or any other “hidden text” utilising EMI’s names or Trade Marks without our express prior written consent.
Certain services made available on the Website require prior registration to permit their use. You must provide accurate and complete registration information and inform us of any changes to that information (including your e-mail address) by altering your details as appropriate or by contacting firstname.lastname@example.org. Registration is for single user only.
Children under the age of 13 may not register with us. If you are between the ages of 13 and 16 please ensure that you have your parent or guardian’s consent to register.
These Terms and Conditions are effective until terminated. EMI, in its sole discretion, may terminate your access to or use of the Website, at any time and for any reason, including if EMI believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Upon any such termination, your right to use the Website will immediately cease. You agree that any termination of your access to or use of the Website may be effected without prior notice, and that EMI may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that EMI shall not be liable to you or any third party for any termination of your access to the Website 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.
When you visit the Website or send e-mails to us, you are communicating with us electronically. For contractual purposes, you consent to receive communications electronically from us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Links from our Website
Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only and do not represent an endorsement of that website by us. Because EMI has no control over such sites and resources, you acknowledge and agree that EMI its employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers are not responsible for the availability of such external sites or resources, and EMI and its employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers neither endorse nor are responsible or liable for any content, advertising, products or other materials on or available through such sites or resources. Other websites may provide links to the Website with or without our authorization. You acknowledge and agree that EMI and its employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Website, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.
EMI shall have the right, at any time and in its sole discretion, to block links to the Website through technological or other means without prior notice.
Accuracy of content and liability
Limitation of Liability
We do not limit in any way our liability for death or personal injury caused by our negligence or for our fraudulent misrepresentation or concealment or for any other liability which cannot be excluded by applicable laws.
EMI and its employees, officers, directors, shareholders, affiliates, agents, representatives, LICENSORS, suppliers AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS OR OTHER MATERIALS OR INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH MATERIALS OR INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES.IN PARTICULAR, AND WITHOUT LIMITATION, EMI and its employees, officers, directors, shareholders, affiliates, agents, representatives, LICENSORS, suppliers AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR FROM ANY CONTENT POSTED ON OR MADE AVAILABLE THROUGH THE WEBSITE BY EMI OR ANY THIRD PARTY.YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ANY MATERIALS CREATED THROUGH THE WEBSITE IS TO STOP USING THE WEBSITE.THE MAXIMUM LIABILITY OF EMI FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO EMI TO ACCESS AND USE THE WEBSITE.
While we try to maintain the integrity and security of the Website and the servers from which the Website is operated, we do not guarantee that the Website will be or remain secure, complete or correct, or that access to the Website will be uninterrupted. The Website may include inaccuracies, errors and materials that violate or conflict with these Terms and Conditions. Additionally, third parties may make unauthorized alterations to the Website. If you become aware of any unauthorized third party alteration to the Website, contact us at email@example.com with a description of the material(s) at issue and the URL or location on the Website where such material(s) appear.
You agree to defend, indemnify and hold harmless EMI and its employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers, from and against all claims, losses, costs and expenses (including attorneys fees) arising out of your use of, or activities in connection with, the Website; or any violation of these Terms and Conditions by you.
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) 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 on the two websites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/).Please note that EMI does not endorse any of the products or services listed at such site.
Notice for California Residents
California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website, please send an e-mail to firstname.lastname@example.org.You may also contact us by writing to EMI Music, 150 Fifth Avenue, New York, NY 10011, Attention: Legal Department, or by calling us at (212) 786-8000.California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Choice of law and jurisdiction
These Terms and Conditions shall be governed by, and interpreted in accordance with the laws of England and Wales, and you irrevocably agree that the courts of England shall have non-exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with, these Terms and Conditions although we retain the right to bring proceedings against you for breach of these Terms and Conditions in your country of residence or any other relevant country.
Enforcement of these Terms and Conditions
EMI reserves the right to takes steps that EMI believes are necessary or appropriate to enforce and/or verify compliance with any part of these Terms and Conditions (including, without limitation, EMI’s right to cooperate with any legal process relating to your use of the Website and Contents and/or a third party claim that your use of the Website and Contents is unlawful and/or infringes such third party’s rights).
If you have any questions regarding the meaning of application of these Terms and Conditions, please direct such questions to email@example.com.Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.
These Terms and Conditions do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and EMI. If any provision of these Terms and Conditions is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms and Conditions without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms and Conditions without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire agreement between you and EMI relating to the subject matter hereof and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and EMI relating to such subject matter. Notices to you may be made via posting to the Website, by e-mail, or by regular mail, in EMI’s discretion. The Website may also provide notices of changes to these Terms and Conditions or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. EMI will not be responsible for failures to fulfil any obligations due to causes beyond its control.
Website © 2010 EMI Group Limited unless otherwise noted. All rights reserved.