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Transaction Terms

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

 

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

 

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

 

How do I use the shop?

  • Choose the relevant item that you wish to purchase and click the ‘Add to Cart’ button to put the item into basket.
  • You will then be taken to the ‘Cart’ where you can edit the items and check that everything is correct. Once you have checked your basket, click the ‘Proceed to Checkout’ button.
  • At this point you will be required to enter in the Billing and Delivery Information filling out the required fields as a minimum. However returning customers can log in where their details will have been saved from previous transactions.
  • Once all the Billing and Delivery Information has been inputted, you will need to select a delivery method from the options on screen and then select a payment method from the options on screen. Once a payment method has been selected then fill in all of the required fields as a minimum.
  • Once all the details have been filled in you will be taken to an ‘Order Review’ page where you are able to check over and amend your order if needed.  
  • Once the order has been checked you can click on the ‘Place Order’ button where your payment card details will be submitted to our payment services provider for secure processing.  Once your payment has been securely processed, you will receive a confirmation email of your order.

 

 When will I receive my download / How do I download my order?

 

-     For released digital products, and once you have gone through the checkout process, you can download your tracks from the My Account section in the webstore where you bought the products.

 

-     Simply click on this link and your browser should ask whether you want to Save the ZIP file package, or begin downloading it automatically to the default download location you have setup in your web browser settings.

 

-     All the digital files you order in one checkout process are usually packaged together and delivered as a single ZIP file for you download. You will need to unzip this ZIP file in order to access your files. If you have Windows ME or XP, or Apple OS X, just double-click on the zip file to open it, and drag the contained files to your chosen location. If you don’t have these or if this doesn’t work, you will need to install an UNZIP program to access the files.
We recommend the free Stuffit Expander http://my.smithmicro.com/win/stuffit/index.html

-     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 to which the mp3 was originally delivered. You may export, burn (if applicable) or copy Products (where permitted) solely for personal non-commercial use.

 

 

 

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

 

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

 

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

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

4. Cancelling Your Purchase.  With the exception of downloads and tickets, you have a right to cancel your purchase of Product(s) from the Site within one month of the date on which you received such Product(s) and receive a refund as set out below. To exercise your right to cancel, you may (i) notify us at customerserviceteam@warnerartists.net within one month of receipt of your Product(s), or (ii) return your Product(s) to us at the following address within one month of receipt of your Product(s):

 

Returns Centre:

Arvato Return Center

Osnabrücker Landstrasse 20

33335 Guetersloh

Germany

 

In the event that we do not receive your returned Product(s) within thirty (30) days of the later of (i) the date you notified us of your cancellation and (ii) the date you received your Product(s), the deemed date of receipt will be the date of the post-mark on the packaging of your returned Product(s). We will not be responsible for the costs of such return, unless the value of your returned Products is EUR 40 (GBP 40) or more, in which case the Products may be returned at our risk and expense. We retain the right to deduct a reasonable sum from your refund should (a) you not return your Product(s) or (b) the condition of the Product(s) you return result in a reduced value of the Product(s) in comparison to their original condition.  Such deductions will not be made if the loss in value is caused by examining the Product(s) as would be possible in a retail shop or by reasonably using the Product(s) for their intended purpose.

 

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.

 

 

 

5. Defective Products.  Occasionally, technical problems may delay or prevent delivery of a purchased Product. In the event that you receive a defective physical Product, we recommend that you contact our Returns Centre at customerserviceteam@warnerartists.net.  Please keep all the warranty information that accompanies your Product as this may be needed should there be a fault.  Provided that you return such defective physical Product to us, 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 postage.

 

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

  • Your provision of incorrect or outdated information;
  • Your mobile handset being incompatible with the Site;
  • Your mailbox being full;
  • Your handset having limited signal;
  • Your failure to comply with instructions for use of the Site; or
  • Any event which is outside of our reasonable control.

 

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

 

PRODUCT TYPE

TERMS OF USAGE

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

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

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

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

Full Permanent Digital Video Downloads

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

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

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

Digital Video Rentals

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

Digital Audio Subscription Services

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

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

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

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

 

 

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

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

 

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

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