SONY MUSIC ENTERTAINMENT WEBSITE AND ONLINE
SERVICES TERMS AND CONDITIONS
(Contains legal information, including the Terms and
Conditions and Code of Conduct applicable to this website. PLEASE READ
THIS CAREFULLY!)
This Internet website is the property of Sony Music Entertainment. References
to "SME ", "SME Online Services", or "this
website" shall also be deemed to be references to Sony Music
Entertainment.
SME PROVIDES ACCESS TO THIS WEBSITE AND ANY RELATED SERVICES PROVIDED HEREON
(THE "SME ONLINE SERVICES") SUBJECT TO YOUR COMPLIANCE WITH THE
FOLLOWING TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS CONSTITUTE AN
AGREEMENT BETWEEN YOU AND SME ("AGREEMENT") THAT GOVERNS THE
RELATIONSHIP BETWEEN YOU AND SME WITH RESPECT TO YOUR USE OF THIS WEBSITE AND
THE SME ONLINE SERVICES. THUS, IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND THESE TERMS AND CONDITIONS.
TERMS AND CONDITIONS
TRADEMARK AND COPYRIGHT INFORMATION: All material on this website, including,
but not limited to, text, data, graphics, logos, button icons, images, audio
clips, video clips, links, digital downloads, data compilations, and software
is owned, controlled by, or licensed to SME and is protected by copyright,
trademark, and other intellectual property rights. Material on this website is
made available solely for your personal, non-commercial use and may not be
copied, reproduced, republished, modified, uploaded, posted, transmitted, or
distributed in any way, including by e-mail or other electronic means, without
the express prior written consent of SME in each instance. You may download
material intentionally made available for downloading from this website for
your personal, non-commercial use only, provided that you keep intact any and
all copyright and other proprietary notices that may appear on such materials.
CODE OF CONDUCT: The following rules, policies, and disclaimers shall
govern and/or apply to your use of the SME Online Services on this website
(including, without limitation, any bulletin boards, chat rooms, or other
online services provided on this website).
We do not review every message, nor do we confirm the accuracy or validity of
information posted. We do not actively monitor the contents of the postings,
nor are we responsible for the content of any postings. We do not vouch for,
nor do we warrant the validity, accuracy, completeness, or usefulness of any
message or information posted. The contents of the postings do not represent
the views of SME, its labels, or any person or property associated with SME,
the SME Online Services, this website, or any other website in the SME family
of websites. If you feel that any posting is objectionable, we encourage you to
contact us by email. We will make every effort to remove objectionable content
if we deem removal to be warranted. Please understand that removal or editing
of any posting is a manual process and might not occur immediately.
You agree, by using this website and/or the SME Online Services, that: (1) you
will not use this website or any of the SME Online Services to post any
material that is knowingly false and/or defamatory, inaccurate, abusive,
vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening,
invasive of one's privacy, or otherwise in violation of any law; (2) you will
not restrict or inhibit any other user from using and enjoying this website or
any of the SME Online Services provided hereon (for example, by means of
hacking or defacement); (3) you will not post any copyrighted material on this
website or any of the SME Online Services provided hereon unless you own the
copyright in and to such material; (4) you will not post or transmit any
information or software that contains a virus, worm, timebomb,
cancelbot, trojan horse or
other harmful, disruptive, or deleterious component; (5) you will not post or
transmit materials in violation of another party's copyright or other
intellectual property rights; (6) you will not utilize any robot, spider, site
search/retrieval application, or any other manual or automated technique to
scrape, index, data mine, etc., or in any way reproduce or circumvent the
navigational structure or presentation of this website, the SME Online
Services, or the contents of such website or services; and (7) you will not
impersonate any other individual or entity in connection with your use of this
website or any of the SME Online Services.
Although we cannot and do not review all posted messages, we reserve the right
to remove (or not) any message for any (or no) reason whatsoever. You remain
solely responsible for the content of your messages, and you agree to indemnify
and hold harmless SME and their agents with respect to any claim based upon the
transmission of your message(s) and/or posting(s).
We reserve the right to reveal your identity (including whatever information we
know about you) in the event of a complaint or legal action arising from any
message posted by you.
Posting of advertisements, chain letters, pyramid schemes, solicitations, and
the like, are inappropriate and forbidden on the SME websites and any related
SME Online Services (including bulletin boards and chat rooms).
WARRANTY DISCLAIMER
SME HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD
PARTIES ("THIRD PARTY SITES") AND MAY, FROM TIME TO TIME, PROVIDE
THIRD PARTY MATERIALS ON THIS WEBSITE. NEITHER SME, ITS
PARENT OR SUBSIDIARY COMPANIES, NOR THEIR AFFILIATES, OPERATE OR CONTROL IN ANY
RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES ON THESE THIRD PARTY SITES. THE
MATERIALS IN THIS WEBSITE AND THE THIRD PARTY SITES ARE PROVIDED "AS
IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS
WEBSITE AND THE SME ONLINE SERVICES.
SME, ITS AFFILIATES, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE,
OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE, THE SME
ONLINE SERVICES, OR ANY THIRD PARTY SITES. YOUR SOLE REMEDY FOR DISSATISFACTION
WITH THIS WEBSITE, THE SME ONLINE SERVICES, AND/OR ANY THIRD PARTY SITES IS TO
STOP USING THE WEBSITE(S) CONCERNED AND/OR THOSE SERVICES. SME DOES NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE, THE SME ONLINE SERVICES AND/OR
ANY THIRD PARTY SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS WEBSITE OR ANY THIRD PARTY SITES, OR THE SERVERS THAT
MAKE THEM AVAILABLE, ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. SME DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE
OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE, THE SME ONLINE
SERVICES, OR ANY THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY,
TIMELINESS, RELIABILITY, OR OTHERWISE. YOU (AND NOT SME) ASSUME THE ENTIRE COST
OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION OF ANY SUCH MATERIALS.
FOR THE AVOIDANCE OF DOUBT, SME MAKES NO REPRESENTATIONS OR WARRANTIES
REGARDING HOW OFTEN THE MATERIALS OR INFORMATION POSTED ON THIS WEBSITE WILL BE
UPDATED (IF AT ALL) OR THE NUMBER OR IDENTIFICATION OF THE RECORDING ARTISTS OR
OTHER INDIVIDUALS (IF ANY) THAT WILL BE FEATURED ON THIS WEBSITE.
VOID WHERE PROHIBITED
Although this website is accessible worldwide, not all products or services
discussed or referenced on this website are available to all persons or in all
geographic locations. SME reserves the right to limit, in its sole discretion,
the provision and quantity of any product or service to any person or
geographic area it so desires. Any offer for any product or service made in
this website is void where prohibited.
LICENSE TO SONY MUSIC ENTERTAINMENT
By posting messages, uploading files, inputting data, or engaging in any other
form of communication through this website, you are granting SME a
royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (1)
use, copy, sublicense, adapt, transmit, publicly perform, or display any such
communication; and (2) sublicense to third parties the unrestricted right to
exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary rights
in such communication, including but not limited to rights under copyright,
trademark, service mark, or patent laws under any relevant jurisdiction.
MAKING PURCHASES
If you wish to purchase products or services described on this website, you may
be asked to supply certain information including credit card or other payment
information. You agree that all information that you provide will be accurate,
complete, and current. You agree to pay all charges, including shipping and
handling charges, incurred by users of your credit card or other payment
mechanism at the prices in effect when such charges are incurred. You will also
be responsible for paying any applicable taxes relating to your purchases.
(Click here to see the SME privacy policy.)
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless SME and its affiliated
companies, officers, directors, employees, agents, licensors, and suppliers
from and against all losses, expenses, damages, and costs, including reasonable
attorneys' fees, resulting from any violation by you of these Terms and
Conditions. SME reserves the right to assume the exclusive defense and control
of any matter subject to indemnification by you.
LITIGATION ISSUES
This Agreement is entered into in the State of New York
and shall be governed by, and construed in accordance with, the laws of the
State of New York,
exclusive of its choice of law rules. Each party to this Agreement submits to
the exclusive jurisdiction of the state and federal courts sitting in the
Borough of Manhattan in the City of New York in
the State of New York,
and waives any jurisdictional, venue, or inconvenient forum objections to such
courts. Each party to this Agreement further agrees as follows: (i) any claim brought to enforce this Agreement must be
commenced within two (2) years of the cause of action accruing; (ii) no
recovery may be sought or received for damages other than out-of-pocket
expenses, except that the prevailing party will be entitled to costs and
attorneys' fees; (iii) any claim must be brought individually and not
consolidated as part of a group or class action complaint.
MISCELLANEOUS
In the event that any of the provisions of this Agreement are held by a court
or other tribunal of competent jurisdiction to be unenforceable, such
provisions shall be limited or eliminated to the minimum extent necessary so
that this Agreement shall otherwise remain in full force and effect.
This Agreement constitutes the entire agreement between the parties hereto
pertaining to the subject matter hereof, and any and all written or oral
agreements heretofore existing between the parties hereto with respect to the
subject matter of this Agreement are expressly canceled. SME may modify the
terms of this Agreement by posting notice of such modification on the page of
this website entitled "Legal Notices" or "Legal
Information" (or similar title) before the modification takes effect.
DESIGNATED AGENT UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act (DMCA) provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials. Under the DMCA, a claim must be sent to the service provider's Designated Agent. If you believe in good faith that SME should be notified of a possible online copyright infringement involving any SME website, please notify SME's designated agent: Wade Leak, Esq., Business and Legal Affairs Department, Sony Music Entertainment, 550 Madison Avenue, New York, New York 10022-3211. Phone: 212-833-8000 Fax: 212-833-5828 copyright.agent[at]sonymusic.com
Please be aware that, in order to be effective, your notice of claim must
comply with the detailed requirements set forth in the DMCA. You are encouraged
to review them (see 17 U.S.C. Sec. 512(c)(3)) before
sending your notice of claim.
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