Universal Music Group
Website and App Terms
and Conditions
The following terms and conditions (the
"Terms and Conditions") govern your use of Universal Music Group-operated
websites and/or mobile apps (collectively, the "Site"). The
Site is made available by Universal Music Group and its affiliates
(collectively, "Universal" or "we" or
"us"). We may change the Terms and Conditions from time to
time, at any time without notice to you, by posting such changes on the
Site.
Our Sites may include the option to purchase
physical or digital goods. Purchases on UMG’s Sites are governed by UMG’s Webstore Terms and
Conditions.
BY ACCESSING AND/OR USING THE SITE, INCLUDING
REGISTERING FOR AN ACCOUNT, INTERACTING WITH THE SITE, OR SUBMITTING FEEDBACK
THROUGH THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AND TO
ABIDE BY ALL RULES, TERMS, CONDITIONS, RESTRICTIONS AND NOTICES IN THE TERMS
AND CONDITIONS. If you do not agree to these Terms and Conditions, you
may not access or otherwise use the Site.
1. Proprietary Rights.
As between you and Universal, Universal owns, solely and exclusively, all
rights, title and interest in and to the Site, all the content (including, for
example, audio, photographs, illustrations, graphics, other visuals, video,
copy, lyrics, software, etc.), code, data and materials thereon, the look and
feel, design and organization of the Site, and the compilation of the content,
code, data and materials on the Site, including but not limited to any
copyrights, trademark, patent, database, moral, sui generis and other
intellectual property and proprietary rights therein. Your use of the Site
does not grant to you ownership of any content, code, data or materials you may
access on the Site. You may view the content on the Site on your computer
or other internet-compatible device, and make single copies or prints of the
content on the Site for your personal, internal use only. Any commercial
distribution, publishing or exploitation of the Site, or any content, code,
data or materials on the Site, is strictly prohibited unless you have received
the express prior permission of Universal or the applicable rights
holder. (The Site may contain some features that enable you to obtain
rights to use certain of the content on the Site, such as lyrics, music,
photographs, and the like. In such situations, your rights to use such
content are limited to the rights expressly granted by Universal in such
situations.) You may not otherwise copy, reproduce, distribute or
otherwise exploit any content, code, data or materials on the Site. If
you make other use of the Site, or the content, code, data or materials thereon,
except as otherwise provided above, you may violate copyright and other laws of
the United States, other countries, as well as applicable state laws and may be
subject to liability for such unauthorized use. Universal will
aggressively enforce its intellectual property rights to the fullest extent of
the law, including the seeking of criminal prosecution.
2. Trademarks. The
trademarks, logos, service marks and trade names (collectively the
"Trademarks") displayed on the Site are registered and unregistered
Trademarks of Universal and others and may not be used in connection with
products and/or services that are not related to, associated with, or sponsored
by their rights holders that are likely to cause customer confusion, or in any
manner that disparages or discredits their rights holders. All Trademarks
not owned by Universal that appear on the Site, if any, are the property of
their respective owners. Nothing contained on the Site should be
construed as granting, by implication, estoppel, or otherwise, any license or
right to use any Trademark displayed on the Site without the written permission
of Universal or the third party that may own the applicable Trademark. Your
misuse of the Trademarks displayed on the Site is strictly prohibited. Universal
will aggressively enforce its Trademark rights to the fullest extent of the
law, including the seeking of criminal prosecution.
3. User Information.
In the course of your use of the Site, you may be asked to provide certain
personalized information to us (such information referred to hereinafter as
"User Information"). Our information collection and use
policies with respect to the privacy of such User Information are set forth in
the Site's Privacy
Policy which is incorporated herein by reference
for all purposes. You acknowledge and agree that you are solely
responsible for the accuracy and content of User Information.
4. Mobile User Information. When
you enroll in a text message service (“Text Service”) offered by UMG, you agree
to receive recurring offers and other information from us via SMS and/or MMS
message at the mobile number you provided during the service’s registration
process. You may be required to respond to an initial message as instructed to
complete registration and confirm enrollment. The enrollment process will
disclose the program, frequency of messages, and options to cancel your
enrollment.
Messages will be sent through an automatic
telephone dialing system. There is no additional charge for this service,
unless specifically disclosed and agreed by you, but you may be offered
opportunities to make purchases through the Text Service and you will be
responsible for any charges associated with such purchases. Your mobile carrier’s
standard message and data rates may apply to any messages you send or receive
through the Text Services, including our confirmations and subsequent texts.
Please contact your mobile carrier for more information regarding your mobile
data and messaging plan.
As described at program enrollment and in program
welcome messages, including messages sent to a shortcode associated with the
Text Service or by replying to any message you receive from us, you may text
“STOP” to cancel or “HELP” for customer support information. If you choose to
stop your subscription, you agree to receive a final text message from the Text
Service to confirm your cancellation.
Our information collection and use policies regarding your information
are set forth in our Privacy Policy. You agree to notify us of any changes to
your mobile number and update your account with us to reflect this change and
acknowledge that you are responsible for the accuracy of this information. You
can contact us with questions by using the information provided in the Notices
and Contact Information section of these Terms, listed below.
Your carrier may prohibit or restrict certain
mobile features and certain mobile features may be incompatible with your
carrier or mobile device. Contact your carrier with questions regarding these
issues. We are not liable for any delays in the receipt of, or failure to
receive, any SMS or MMS texts, as delivery is subject to effective transmission
by your mobile carrier.
5. Unsolicited Materials. Unless
specifically requested, we do not solicit nor do we wish to receive any
confidential, secret or proprietary information or other material from you
through the Site, by e-mail or in any other way. Any information,
creative works, demos, ideas, suggestions, concepts, methods, systems, designs,
plans, techniques or other materials submitted or sent to us ("Submitted
Materials") will be deemed not to be confidential or secret, and may be
used by us in any manner consistent with the Site's Privacy Policy.
By submitting or sending Submitted Materials to us, you: (i) represent and
warrant that the Submitted Materials are original to you, that no other party
has any rights thereto, and that any "moral rights" in Submitted
Materials have been waived, and (ii) you grant us a royalty-free, unrestricted,
worldwide, perpetual, irrevocable, non-exclusive and fully transferable,
assignable and sublicensable right and license to use, copy, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, perform
and display such material (in whole or part) and/or to incorporate it in other
works in any form, media, or technology now known or later developed. We
cannot be responsible for maintaining any Submitted Material that you provide
to us, and we may delete or destroy any such Submitted Material at any time.
6. User Conduct. You
warrant and agree that, while using the Site, you shall not upload, post or
transmit to the Site, or distribute or otherwise publish through the Site, any
materials that: (a) are protected by third party copyright, or other
proprietary or intellectual property right; (b) are unlawful, threatening,
hateful, tortious, defamatory, libelous, deceptive, fraudulent, invasive of
another's privacy or publicity rights, harassing, profane, obscene, vulgar or
that contain explicit or graphic descriptions or accounts of sexual acts
(including but not limited to sexual language of a violent or threatening
nature directed at another individual or group of individuals), (c) restrict or
inhibit any other user from using and enjoying the Site, (d) constitute or
encourage conduct that would constitute a criminal offense or give rise to
civil liability, or (e) contain a virus or other harmful component, advertising
of any kind, or false or misleading indications of origin or statements of
fact.
You also warrant and agree that you shall not:
(a) impersonate any person or entity or misrepresent your affiliation with any
other person or entity; (b) upload, post, publish, transmit, reproduce,
distribute or in any way exploit any information or other material obtained
through the Site for commercial purposes (other than as expressly permitted by
the provider of such information or other material); (c) 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, or send chain letters or pyramid schemes via the Site; or (d) attempt
to gain unauthorized access to other computer systems through the Site. You
agree that you will not use the Site in any manner that could damage, disable,
overburden, or impair the Site or interfere with any other party's use and
enjoyment of 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.
Although Universal may from time to time monitor
or review discussions, chats, postings, transmissions, bulletin boards, and the
like on the Site, Universal is under no obligation to do so and assumes no
responsibility or liability arising from the content of any such locations on
the Site nor for any error, defamation, libel, slander, omission, falsehood,
obscenity, pornography, profanity, danger, or inaccuracy contained in any
information within such locations on the Site.
You agree that if you include a link from any
other website to the Site, such link shall open in a new browser window.
You agree not to link from any other website to this Site in any manner such
that the Site, or any page of the Site, is "framed," surrounded or
obfuscated by any third party content, materials or branding. We reserve
the right to revoke your right to link to the Site from your website at any
time upon written notice to you.
You agree to defend, indemnify and hold Universal
and its directors, officers, employees, agents or content or service providers
(collectively, "Protected Entities")harmless from any and all claims,
liabilities, costs and expenses, including reasonable attorneys' fees, arising
in any way from your use of the Site, your placement or transmission of any
message, content, information, software or other materials through the Site, or
your breach or violation of the law or of these Terms and Conditions.
Universal reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you,
and in such case, you agree to cooperate with Universal's defense of such
claim.
7. Account and Password. You
may be enabled to create an account in the Site ("Account") using a
stand-alone registration or social media logins ("Login"). You
shall be entirely responsible for maintaining the strict confidentiality of any
username or password administered to you through your Login; for any access to
or use of the Site by you or any person or entity using the username or
password, whether or not such access or use has been authorized by or on behalf
of you, and whether or not such person or entity is your employee or agent; and
for all activities that are conducted through your Account. You agree to
(a) ensure that you exit from your Account at the end of each session and (b)
immediately notify Universal if you have any reason to believe an unauthorized
use of your password or Account or any other breach of security has taken
place. It is your sole responsibility to control the dissemination and
use of your password, control access to and use of your Account, and notify
Universal when you desire to cancel your Account on the Site. Universal
will not be responsible or liable for any loss or damage arising from your
failure to comply with this provision.
8. Software Downloads. In
the event that you receive software demos or other software products downloaded
from the Site or otherwise delivered or provided by Universal in response to
your request, your use of such software will be subject to the software license
agreement that accompanies such software.
9. Orders for Products and Services.
We may make certain products available to visitors and registrants of the
Site. For example, you may be able to order certain music-related
products and/or licenses through the Site. You may only do so if, and you
hereby represent and warrant that, you are domiciled in the United States and
you are 18 years old or older. You agree to pay in full the prices for
any purchases you make either by credit/debit card concurrent with your online
order or by other payment means acceptable to Universal. You agree to pay
all applicable taxes. If payment is not received by us from your credit
or debit card issuer or its agents, you agree to pay all amounts due upon
demand by us.
10. Third Party Websites. You
may be able to link from the Site to third party websites ("Linked
Sites"). For example, you may purchase products, some of which may
be Universal products, on or though Linked Sites. You acknowledge and agree
that we have no responsibility for the information, content, products,
services, advertising, code or other materials which may or may not be provided
by or through Linked Sites. Links to Linked Sites do not constitute an
endorsement by us of such websites or the information, content, products,
services, advertising, code or other materials presented on or through such
websites.
11. DISCLAIMER OF WARRANTIES. THE
SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND
MATERIALS, IS PROVIDED "AS IS" [AND] "AS AVAILABLE",
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES,
UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY,
ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY
WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR
USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS OR
IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT,
FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED
OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY
THAT THE SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE
SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. UNIVERSAL ALSO
ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR
VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT OR HARM, YOUR COMPUTER
EQUIPMENT OR OTHER PROPERTY ON ACCOUNT FROM YOUR ACCESS TO, USE OF, OR BROWSING
IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR
AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE
REMEDY IS TO DISCONTINUE USING THE SITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION,
UNIVERSAL AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS
REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND HEREBY
DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE
IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND
OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH UNIVERSAL OR ITS AGENTS.
ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY UNIVERSAL
"AS IS", EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A
LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND
UNIVERSAL OR ITS LICENSOR OR SUPPLIER.
12. LIMITATION OF LIABILITY. IN
NO EVENT SHALL UNIVERSAL OR ANY OF ITS PROTECTED ENTITIES BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE
DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE
INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED
THERETO, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH
ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY
USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL
AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES,
AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE
OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO
UNIVERSAL FOR YOUR USE OF THE SITE.
13. Applicable Laws. We
control and operate the Site from our offices in the United States of
America. We do not represent that materials on the Site are appropriate
or available for use in other locations. Persons who choose to access the
Site from other locations do so on their own initiative, and are responsible
for compliance with local laws, if and to the extent local laws are applicable.
14. Modifications to the Site and the
Services. We reserve the right, for any reason, in
our sole discretion, to terminate, change, suspend or discontinue any aspect of
the Site, including, but not limited to, content, features or hours of availability.
We may also impose limits on certain features of the Site or restrict your
access to part or all of the Site without notice or penalty. Universal
reserves the right to temporarily or permanently terminate your membership on
the Site for any or no reason without prior notice.
15. Notices and Contact Information.
All notices required or permitted to be given under these Terms and Conditions
must be in writing and shall be given by personal delivery, registered or
certified mail, or Federal Express or other nationally recognized courier
service which regularly tracks its packages, to :
Universal
Music Group, Inc.
2220
Colorado Ave,
Santa
Monica, CA 90404
Attn:
Security Compliance Analyst.
Notices, if personally delivered, shall be deemed
to have been received on the date of delivery; if by registered or certified
mail, on the third business day after mailing; if by Federal Express, on the
second business day after deposit with the service.
If you have any questions, comments or complaints
regarding the Sites, feel free to contact us here.
16. Miscellaneous. Our
failure to exercise or enforce any right or provision of the Terms and Conditions
shall not constitute a waiver of such right or provision. If any
provision of the Terms and Conditions is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the Terms and Conditions remain in full
force and effect.
17. Dispute Resolution You
and Universal agree to arbitrate all disputes between you and Universal or its
affiliates, except for disputes relating to the enforcement of Universal's or
its affiliates intellectual property. The Terms and
Conditions are solely governed by and construed in accordance with the laws of
the State of New York, without regards to its principles of conflicts of law
that would require the application of the laws of another jurisdiction. Any
disputes between you and Universal relating to the Sites must be resolved
exclusively through binding non-appearance-based arbitration administered by
JAMS, or in small claims court in New York, New York, U.S.A. or in your county
of residence if your claims qualify. In the event of a dispute, you
or Universal must send to the other party a notice of dispute, in writing,
setting forth the name, address and contact information of the party giving
notice, the facts of the dispute and relief requested. You may
initiate proceedings by sending Us a Notice of Legal Dispute, to the address
listed in the "Notices and Contact Information" above.
We will send any notice of dispute to you at the
contact information we have for you.
You and Universal agree to try to attempt to
resolve a dispute through informal negotiation upon notice of a dispute for a
period of 60 days. If you and Universal do not resolve the dispute in
such 60 day time period, then you or Universal may commence arbitration.
You and Universal agree that a dispute will be heard before single a neutral
arbitrator, whose decision will be final, except for a limited right of appeal
under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO
LITIGATE A DISPUTE IN A COURT OF LAW BEFORE A JUDGE OR JURY. The
arbitration proceedings shall be governed by the JAMS Comprehensive Arbitration
Rules and Procedures and Expedited Procedures, or JAMS' Streamlined Arbitration
Rules and Procedures, at the election of the party initiating the
arbitration. Information regarding these rules can be found on the JAMS
website at www.jamsadr.org. In addition, you and Universal agree that the
following rules shall apply to the arbitration proceedings: (a) the arbitration
shall be conducted, at the option of the party seeking relief, by telephone,
online, or based solely on written submissions; (b) the arbitration shall not
involve any personal appearance by the parties or witnesses unless otherwise
mutually agreed by the parties; and (c) any judgment on the award rendered by
the arbitrator may be entered in any court of competent jurisdiction. The
United Nations Conventions on Contracts for the International Sale of Goods
shall have no applicability.
To the fullest extent permitted by applicable
law, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER
ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER
CURRENT OR FORMER USER OF THE SITES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL
BE PERMITTED, ONLY ON AN INDIVIDUAL BASIS. In no event shall any claim,
action or proceeding by you related in any way to the Sites be instituted more
than one (1) year after the cause of action arose.
If a court of competent jurisdiction finds these
arbitration provisions invalid or inapplicable, you agree to the exclusive
jurisdiction of the Federal and State courts located in New York County, New
York, and you agree to submit to the exercise of personal jurisdiction of such
courts for the purposes of litigating any applicable claim or action.
Last Updated February 3, 2021