Terms of Use
Thank you for using a BMG service.
These terms form a contract between you and us. They apply to your use of our online, digital or mobile services for which these terms are posted or linked (each, the “service”). Those include each of our label-related or artist-related websites, apps, data integration tools and software, as well as any of our other products, services, content, adverts or activities for which these terms are posted or linked.
Our relevant site(s) for the services are referred to below, collectively and individually, as the “site”.
Please read these terms carefully. THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, AND THEY INCLUDE CERTAIN LIMITATIONS OF LIABILITY AND WAIVERS OF RIGHTS.
Additional terms may apply to certain aspects of the service. Those might include competition rules, codes of conduct and terms of sale, such as terms of sale relating to any online store linked via the service (a “store”). The additional terms will prevail for the relevant aspects of the service in the event of an inconsistency with these terms.
By using the service, you consent to be bound by these terms and any relevant additional terms (which are incorporated into these terms by reference), and you also acknowledge the collection and use of your personal data and use of cookies by or for us and/or our affiliates and suppliers, as described in our Privacy Policy and Cookies Policy. If you do not wish to be bound by these terms and any such additional terms, please do not use the service.
Contents
- Your confirmations
- Our service
- Our intellectual property
- Our reserved rights
- Virtual items
- User-generated content
- Unsolicited submissions
- Usage restrictions
- User accounts
- Mobile devices
- Third-party services
- Limitations of liability
- Indemnification
- Making purchases
- Designated agent under the Digital Millennium Copyright Act
- Text message sign-up
- International use
- Governing law, jurisdiction and language
- Other important terms
- Changes to our terms and policies
- Accessibility
- Contact us
By using the service, you confirm that you have legal capacity to agree to these terms and to any relevant additional terms. If you do not (e.g. if you are a minor), you confirm instead that you have the consent of your parent or guardian to do so.
You also confirm that you have read, understand and agree to comply with these terms and any relevant additional terms, and that you have read, understand and acknowledge the privacy and cookies practices set out in our Privacy Policy and Cookies Policy.
The service is run by a BMG group company. The relevant company (referred to in these terms as “BMG”, “we”, “us” or “our”) is as follows:
- For a service provided from the EU – BMG Rights Management GmbH, a company with limited liability incorporated in Germany with registered number HRB 116072 Charlottenburg (Berlin), whose principal place of business is at Charlottenstraße 59 10117 Berlin, Germany.
- For a service provided from the UK – BMG Rights Management (UK) Limited, a private limited company incorporated in England and Wales with company number 6705101, whose principal place of business is at 8th Floor, 5 Merchant Square, London W2 1AS, UK.
- For a service provided from the USA – BMG Rights Management (US) LLC, a limited liability company incorporated in the state of Delaware with company number 4645458, whose principal place of business is at One Park Avenue, 18th Floor, New York, NY 10016, USA.
- For a service provided from Australia – BMG Rights Management (Australia) Pty Ltd, a proprietary company with limited liability incorporated in Australia with Legal Entity Identifier number 529900CDJDLSC65QHU88, whose principal place of business is at Level 3, 270 Devonshire Street, Surry Hills, NSW 2010, Australia.
- For any BMG group service provided from anywhere else – BMG Rights Management GmbH (whose company details are as noted above).
Just to be clear, these terms do not, however, apply to any BMG group sites for which a different set of terms of use is posted or linked from time to time. Such other sites include, in particular:
- the BMG group’s corporate site at www.bmg.com;
- any other institutional sites for BMG group companies (e.g. www.countdownmedia.com);
- any BMG production/library music site (e.g. www.bmgproductionmusic.co.uk); and
- any BMG group portal dedicated to personnel (e.g. any BMG group staff intranet) or set up for royalty participants (e.g. www.myBMG.com).
Further, for any relevant additional terms, you acknowledge and accept that: (a) the party or parties contracting with you might be or include a different BMG group company and/or a relevant third-party supplier or other partner (such as an online store operator), as indicated to you by those additional terms; and (b) in that case, those additional terms will also be for the benefit of, and will be enforceable by, such third party or parties.
For the services to which these terms do apply, we grant you a limited licence to use the service for the purpose of your personal, non-commercial use, solely as provided by these terms and any relevant additional terms and as permitted by the functionality and features of the service. The service must not be used for any other purpose (commercial or otherwise), including publication, reproduction or transmission of any content contained in the service (such as any music or music-related content, including any music videos or artwork). For the avoidance of doubt, the above licence excludes any commercial use of any content obtained via the site, for which the grant of valid further permission on relevant separate terms and conditions is always required.
The licence granted by these terms is non-exclusive and revocable, and it cannot be transferred, assigned or sublicensed.
It is also conditional on your compliance with these terms and any relevant additional terms. The licence will immediately end if your conduct in relation to the service is illegal, in which case you must stop using it. If your conduct is not illegal but you breach these terms and/or any relevant additional terms, we reserve the right to terminate the licence and to require you to stop using the service.
The service may permit you to view, preview, select, stream and access certain content, including video, audio, photos, graphics and text. Such use may be limited (e.g. to supported devices, by geographic region, by time window or otherwise). Access will also require your use of a supported device with a sufficient online and/or mobile connection.
No aspect of the service consists of any legal or other category of professional advice.
The service and its content are protected by intellectual property rights that are held by us or our licensors. Any authorisation to copy content granted by us through any part of the service is conditional on your keeping all copyright, trade-mark and other proprietary notices intact.
We respect the intellectual property rights of others and ask that you do the same. Any unauthorised use of our content or of any other aspect of the service, or of any part of it, will infringe intellectual property rights. We reserve the right to take legal action against you to enforce our intellectual property rights or those of our licensors.
Except for the limited licence granted above for you to use the service, we do not grant any other rights to you, and all rights are reserved.
Subject to relevant law, we reserve the right to modify, discontinue or suspend all or part of the service at any time (with or without notice), as required for security, operational, legal or regulatory reasons or if, for any reason beyond our reasonable control, we cannot provide the service.
The service may feature virtual items, and some may need to be claimed or otherwise activated before they can be used. You receive only a limited licence to use them within the service and as governed by these terms and any relevant additional terms.
If you can post or otherwise submit any content to any part of the service (including, without limitation, any bulletin boards, chat rooms, or other online services provided by the service), that may be subject to additional terms.
In any event (and without limiting those additional terms), for any such content that you submit (including without limitation messages, files, data, or other communication on the service), your submission must comply with the restrictions set out in section 8 below. In addition:
- you are solely responsible and liable for the subject matter, accuracy, completeness and legality of such content (and the manner of the submission);
- you must ensure that the content is accurate (where stating facts) and is genuinely held (where stating opinions);
- you must ensure that you have the legal right under all relevant laws and regulations to submit the content;
- without limiting the foregoing, you must not (and you must not assist, encourage, or enable others to) submit any content, nor otherwise use the service or site or any linked social media in any way, that: (a) restricts or inhibits any other person from using or enjoying the service, the site or such social media, or may expose us, our affiliates, partners or suppliers (or any other users) to any harm or liability of any type; (b) is be used to impersonate any person or entity, or to misrepresent your identity or affiliation with any person or entity, or gives any other false impression that the content emanates from any other person than yourself; (c) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age or any other unlawful type of discrimination; (d) is, in any other way, offensive, harmful, threatening, defamatory, infringing, abusive, bullying, inflammatory, harassing, vulgar, obscene, profane, sexually explicit, fraudulent, invasive of privacy or publicity rights, hateful, unlawful or otherwise objectionable; (e) infringes any copyright or other intellectual property rights or proprietary rights of any other person; (f) breaches any legal duty owed to a third party, such as a contractual duty or duty of confidence; (g) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) solicits, requests or collects personal information for commercial or unlawful purposes, nor solicit any personal information from minors; or (h) would constitute, promote, encourage, facilitate or provide instructions for any criminal offence or other unlawful act, violate or infringe the rights of BMG or of any other person, or otherwise create liability or violate any relevant laws or regulations relating to offensive or harmful content;
- we reserve the right for any reason and at any time (with or without notice or explanation) to remove the content from the service, the site or linked social media (or to disable access to it) or to block any person from using (or continuing to use) the service, the site or linked social media; and
- we are under no obligation to keep secure or to store the content for any period of time and shall have no liability to you for any damage, loss, liability, cost or expense incurred by you as a result of the loss or deletion of the content, and you are solely responsible for creating any back-up copies of the content.
We do not review every message or confirm the accuracy or validity of information posted on the service, the site or any linked social media, or actively monitor the contents of any postings and are not responsible for the content of any postings. We do not vouch for or warrant the validity, accuracy, completeness, or usefulness of any message or information posted on the service the site or any linked social media. The contents of the postings on the service the site or any linked social media do not represent the views of BMG, its affiliates, its labels, or any person or entity associated with BMG. If you feel that any such posting is objectionable, we encourage you to contact us using the details set out in section 22 below. 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.
Further, for any content that you submit to any part of the service, you irrevocably and unconditionally (both for yourself and with due authority on behalf of any other person(s) that may have contributed to the content):
- grant us the worldwide, perpetual, non-exclusive, payment-free, transferable and fully sublicensable licence to use, reproduce, edit, translate, adapt, create derivative works from and otherwise modify all or any part of the content and to display (publicly or otherwise), disclose, distribute, broadcast, stream and otherwise publicly communicate it (including as so modified), in any manner we choose and via any and all media (now or in the future known), including via the service, the site and/or linked social media;
- confirm that such licence includes the rights (a) to exercise all trade-mark, publicity or other proprietary rights in relation to such submission; (b) to use the name, photograph, portrait, picture, likeness, voice or biographical information of yourself and any other individual appearing in the content (as provided by you in connection with your submission) for any promotional purposes relating to the service or the site, in each case, in connection with your submission; and (c) to use your submission (including all or any part of the content) for any promotional purposes relating to the service or the site;
- to the fullest extent permitted by law, waive, and agree not to assert against us, our assignees or sub-licensees, any so-called “moral rights” that you or any other contributor to the content may have in relation to the content;
- you warrant and undertake that: (a) you have, and will continue to have, the full and unencumbered right to grant the above licence and waiver (which include the benefit of any grants of rights, consents and waivers that you may have obtained from any other person(s) in connection with the content); (b) you own and/or control all rights and proprietary interests in the submission, which does and will not infringe the rights of us or of any third parties; and (c) at any time at our request, you shall take (and procure the taking of) such actions, and execute (and procure the execution of) such documentation, as may be reasonably necessary to give us the full benefit of the licence and waiver granted under this paragraph; and
- for the sake of clarity, nothing in these terms shall be deemed to authorise you to incorporate into any submission any content or material owned by us, our affiliates, our respective artists and writers, our employees or our licensors, unless otherwise separately and specifically permitted by us in writing.
- If you do not wish to grant the licence and waiver set out in the preceding paragraph or cannot confirm the warranties and undertakings contained in it, please do not submit any content to the service.
Please do not send us any unsolicited submissions of ideas, concepts, suggestions, music or other creative content. This is to avoid any potential for future misunderstanding when content developed by our artists, writers, producers, arrangers, performers, staff or representatives might strike others as similar to their submitted content. If you do send us an unsolicited submission, you accept that it does not create any fiduciary relationship between you and us, and that we are under no obligation to refrain from using it (in whole or in part), to keep it confidential, or to compensate you if we make any use of it.
In using the service, the site or linked social media, you must not (and you must not assist, encourage, or enable others to):
- attempt to interfere with the operation of any of those in any way (by using any device, service, routine or any other means), or attempt to restrict or inhibit any other user from using those in any way (for example, by means of hacking or defacement), or attempt to remove or modify any copyright, trade-mark or other proprietary notices on the service, the site or linked social media;
- reproduce, distribute, transfer, sell, license, publish, extract into a database, display, perform publicly, modify, create derivative works of, upload, edit, post, link to, frame, reformat, transmit, lease, lend or sublicense, scrape, crawl (including by utilising any robot, spider, site search/retrieval application, or other automated device, process or other means to access, retrieve, scrape or index any portion of the service, the site or linked social media) or in any other way exploit any part of those, except: (a) if and as far as authorised by these terms or any relevant additional terms or permitted by law; or (b) in the case of public search engines (which are granted a revocable right to crawl publicly accessible parts of the service in compliance with instructions posted on relevant “robots.txt” files and without circumventing any technical barriers), for the sole purpose of creating public searchable indexes, but not caches or archives;
- use any viruses, worms, bug exploits, or similar data-gathering and extraction tools on the service, the site or linked social media, or frame or use automatic links to any part of the service, or attempt to tamper, hack, corrupt or impair the administration or security of the service, the site or linked social media, or engage in keyword spamming or otherwise attempt to manipulate search results relating to the service, the site or linked social media;
- take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive traffic demands of the service, the site or linked social media;
- transfer, assign, sublicense or otherwise dispose of any of your rights or obligations under these terms or under any additional terms to any person without our prior written consent, which we may withhold in our sole discretion (and any such purported disposal without our prior written consent will be void);
- use any tools designed to compromise security (or gain unauthorised access) or to compromise digital rights management technology (including password guessing or mining programs, hacking or cracking tools or network probing tools), or to otherwise cause harm, in connection with the service, the site or linked social media (including any user accounts or computer systems or networks connected to the service, the site or linked social media);
- use the service, the site or linked social media for any commercial purposes (including for sales, contests or sweepstakes, without our prior written consent), or for sending “spam”, surveys or any malicious or disruptive communications (whether commercial in nature or not), or for recording, processing or mining information about other users;
- remove, circumvent, disable, damage or otherwise interfere with any security-related features, or any features that prevent or restrict the use or copying of content, or any features that enforce limitations on the use of the service, the site or linked social media.
- decompile, reverse-engineer, disassemble or otherwise reduce the code used in any of our software (such as our apps or digital rights management features on the service) into a readable form in order (a) to examine the construction of such software or (b) to copy or create other products based (in whole or in part) on such software or any feature of the service or piece of content available on the service (except only if and as far as permitted by law); or
- intercept, record or modify network communications transmitted between any of our software (such as our apps or digital rights management features) and our networks or systems
To use certain aspects of the service, you may be required or permitted to create an account.
You confirm that all details you provide for your account are about yourself and not about another individual (whether real or fictitious). You agree to update those details from time to time to keep them correct, current and complete. If we reasonably believe that the details are not, or that you are otherwise in breach of these terms, any additional terms or any relevant law, we reserve the right, in our reasonable discretion, to investigate that and to suspend or terminate your account and to refuse you access to the service or its content.
You must not allow anyone else to use your account at any time, and you must not use anyone else’s user account at any time. You are responsible for all activity occurring under your account. You are responsible for maintaining the confidentiality of your account user name, your password and any access code, and you agree not to disclose your user name, password or any such code to anyone.
If you have reason to believe that your account is no longer secure, you must: (a) promptly change your password; and (b) immediately notify us of the problem by contacting us using the contact details set out in section 22 below. We may in any event require you to change your user name, password and/or access code.
You recognise that you have no ownership or other proprietary interest in any user account. You agree not to transfer, resell or otherwise convey your account (or any right to use it) to anyone. We shall not be liable for any loss you may incur as a result of someone else’s use of your account in such event.
We may report your conduct, activity and/or identity to law-enforcement or other appropriate authorities, take appropriate legal action against you, respond to requests for information on your account or use of the service, and/or otherwise take action to protect our rights and the rights of any third party.
YOU IRREVOCABLY WAIVE ANY CLAIMS THAT YOU MAY HAVE RESULTING (DIRECTLY OR INDIRECTLY) FROM ANY STEPS TAKEN BY US DURING OR AS A RESULT OF SUCH ACTIONS.
(a) Mobile charges
If you use a mobile device of any kind (such as a mobile phone, tablet, laptop or other portable device) to interact with the service or to receive communications from us, you are solely responsible for all charges from your wireless and internet providers, including any data and messaging fees you may incur.
(b) Apps
We may make certain mobile software apps available for download in connection with the service, whether from the site or via third-party app stores. Such stores will have their own additional terms of service, rules and policies. You will need to comply with those in addition to these terms.
You may only use such apps for personal use. If you download the app onto any device that you do not own, you must have the owner’s permission to do so, and you will be responsible for complying with these terms, whether or not you own the device.
You are not permitted to copy such apps unless necessary to use such apps on approved devices, and you are not permitted to reverse-engineer, create derivative works from, decompile, modify, translate, merge, alter, transfer or distribute any such apps, unless such actions cannot be prohibited by law.
We do not guarantee that the apps will be compatible with your device, hardware, viewport, platform, operating system or software. Each app will have various technical specifications (such as a particular device type, device platform, operating-system version, browser type or viewport size or a minimum memory requirement) that will need to be satisfied for the app to function properly (or at all) on your device.
Some app features, functions or content may require activation or may only be available if you have created an account with us, or only available for a certain locality or limited period of time.
We may choose to make available software updates, bug fixes, patches, add-ons or other changes or enhancements to the apps from time to time. Such updates may be automatic if you choose, or (at our discretion) mandatory if you wish to continue using the apps.
You may not use or otherwise export or re-export the apps, or any other software provided as part of the service, except as authorised by law and the laws of the jurisdiction in which the software was obtained. In particular, neither the apps, nor any other software, may be exported or re-exported to any persons listed as embargoed or otherwise prohibited under any relevant law or regulation.
Our service may link to, integrate with or incorporate third-party content, sites, platforms or other services (“third-party services”), including label- or artist-related music, tours, live events, experiences, stores, merchandise, adverts or social media.
We are not responsible for any third-party services (whether in terms of how accurate, valid, reliable, legal, secure, available, usable or effective they may be or otherwise), and we do not accept any liability in such connection. References to third-party services do not imply endorsement of any third-party services by us or any association with their operators.
Your dealings with any third-party service are solely between you and that third-party service. To learn more about a third-party service, please read its own terms of use and privacy and cookies policies.
Depending on your place of residence, consumer protection laws may impose mandatory promises from us to you and may prevent exclusions or limits applying to certain types of liability. If so, nothing in these terms or in any of our additional terms will take precedence over those laws, and you will still have your rights under those laws instead of the limited rights described below. For more information on your rights as a consumer under law, please consult your Citizens’ Advice Bureau, trading standards office or other similar organisations.
Subject to the preceding provisions of this section 12:
(a) We promise that we will operate the service with reasonable skill and care, and that we will use reasonable endeavours to correct any faults of which we are aware. We do not make any promises about the availability of the service or any services made available through it. In particular, we are not responsible for any technical problems you may experience with the service that may result in interruptions to the service or any services it delivers, or any bugs or viruses on the service or any other platform that the service is delivered through, the server that makes the service available or the content made available through the service. It is your responsibility to implement satisfactory safeguards and procedures to make sure that any files you obtain through the service are free from such bugs and viruses. Subject to section 12(d) below, the promises contained in this section 12 replace all warranties or conditions implied by law.
(b) Subject to section 12(d) below and to the fullest extent permitted by law, if we fail to comply with these terms and/or with any additional terms, we shall only be liable to you for an amount of up to £100 GBP (or the equivalent amount in your local currency, if different from British pounds sterling).
(c) Subject to section 12(d) below:
(i) NEITHER WE, OUR AFFILIATES OR OUR SPONSORS WILL BE LIABLE FOR LOSSES OR OTHER DAMAGES THAT RESULT FROM OUR FAILURE TO COMPLY WITH THESE TERMS AND/OR ANY ADDITIONAL TERMS AND/OR IN ARISING IN OUT OF OR RELATING IN ANY WAY TO THE SERVICE OR ANY THIRD-PARY SITE THAT FALL INTO ANY OF THE FOLLOWING CATEGORIES: ANY LOSS OF INCOME, REVENUE, BUSINESS, BARGAIN, DATA, PROFIT, GOODWILL, REPUTATION AND/OR OPPORTUNITY; OR ANY INDIRECT, INCIDENTAL, EXMEPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL LOSSES OR DAMAGES. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE AND/OR ANY RELATED THIRD-PARTY SITE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.
(ii) WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE OR UNINTERRUPTED OR CONTAIN ACCURATE, COMPLETE AND/OR CURRENT INFORMATION.
(iii) WE MAKE NO REPRESENTATION OR WARRANTY (EXPRESS OR IMPLIED) ABOUT THE SERVICE FOR ANY PURPOSE, AND WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR NON-VIOLATION OF ANY OTHER RIGHTS.
(d) NOTHING IN THESE TERMS OR ANY ADDITIONAL TERMS WILL, HOWEVER, EXCLUDE OR RESTRICT OUR LIABILITY IN RESPECT OF YOUR RIGHTS AS A CONSUMER UNDER LAW, FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE, FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.
You agree to use the service solely in accordance with these terms and with any relevant additional terms. You agree to indemnify, defend and hold harmless us (as well as our affiliated companies, licensors, suppliers and other partners and our and their respective officers, directors, employees, contractors and agents) from and against all losses, expenses, damages, liabilities and costs, including reasonable legal fees, as may be incurred as a result of (a) any breach of these terms and/or any relevant additional terms by you (b) your misuse of the service or of any other services provided by or for us (c) your use of any products or services purchased or obtained by you in connection with the service or (d) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. We reserve the right, at your expense, to assume the exclusive defence and control of any matter subject to indemnification by you.
If you wish to purchase products or services described on the service, you may be asked to supply certain information including credit card or other payment information. By initiating a transaction you warrant and represent that you (A) are eighteen (18) years of age or older and (B) have the legal right to use the payment means you select. 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. We will be entitled to change the pricing and availability of any particular product(s) or service(s) without prior notice at any time. We do not offer refunds in the event of temporary or permanent price drops following purchase at higher prices. All sales of digital content are final.
If you make a purchase of products or services from any online store linked via the service, then the additional terms of that store may apply to you, and those additional terms will prevail in the event of an inconsistency with these terms.
15 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 U.S copyright law. Under the DMCA, a claim must be sent to the service provider’s Designated Agent. If you believe in good faith that BMG should be notified of a possible online copyright infringement involving any BMG website, please contact us using the contact details set out in section 22 below.
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.
When you enroll in a text message service offered by us, 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 relevant 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.
We make no representation that every aspect of the service is appropriate or available for use in any particular jurisdiction. By choosing to use the service, you agree that:
- you do so on your own initiative and at your own risk;
- you will not use it if doing so would cause us or any of our affiliates to breach any laws or regulations, including any rules relating to sanctions;
- you are responsible for complying with local laws and regulations, if and as far as local laws and regulations apply; and
- you agree to comply with all relevant laws and regulations concerning the transmission of technical data exported from the country in which you reside.
- If and so far as there is any inconsistency between (a) any of these terms and/or any relevant additional terms and (b) your legal rights in your country of residence, your rights under your local law will prevail as to those specific terms.
Although the service may be accessible worldwide, not all services or products discussed or referenced on this service are available to all persons or in all geographic locations. We reserve the right to limit, in our sole discretion, the provision and quantity of any service or product to any person or geographic area we so desire. Any offer for any service or product made on this service is void where prohibited.
18 Governing law, jurisdiction and language
If a dispute arises between you and us, then (except as otherwise required by relevant law) you agree to provide us with written notice of your complaint by contacting us using the contact details set out in section 22 below, with a view to trying to resolve the dispute informally within 60 days from the date when we receive your complaint.
Except as otherwise required by relevant law (and except, for any additional terms, if and to the extent that those specify otherwise), these terms, any additional terms and any related dispute or claim (contractual or non-contractual) will be governed by, and construed in accordance with, the laws of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales.
Notwithstanding the previous paragraph, if you reside in the United States (including its territories, possessions and US military exchanges) and are accessing the service from the United States (including its territories, possessions and US military exchanges), then except as otherwise required by relevant law (and except, for any additional terms, if and to the extent that those specify otherwise), these terms, any additional terms and any related dispute or claim (contractual or non-contractual) will be governed by, and construed in accordance with the laws of the state of New York and subject to the exclusive jurisdiction of the courts of New York City (notwithstanding the previous paragraph).
Some laws may require that these terms or any relevant additional terms be presented and enforceable in a language other than English. In all other cases, the English-language version of these terms and of such additional terms shall prevail.
(a) Entire agreement. These terms, including any relevant additional terms, form the entire agreement between you and us relating to the matters contained in them (“this agreement”).
(b) No waiver. No failure or delay by you or us in exercising our rights under this agreement will amount to a waiver of those rights, nor will any partial exercise of any such rights preclude further exercise of those rights.
(c) Interpretation. The section titles are for convenience and not to be considered in interpreting this agreement. In this agreement, unless the context clearly requires otherwise, any reference to: (i) “including”, “other”, “for example”, “in particular”, “such as” or similar words is without limitation (ii) “or” has the inclusive meaning frequently identified with the phrase “and/or” (irrespective of any references to “and/or” in this agreement); (iii) “person” includes any individual, corporation, partnership, firm, joint venture, association, organisation, trust, state or state agency (in each case whether or not having separate legal personality); (iv) the plural includes the singular, the singular the plural, and the part the whole; or (v) any statute, rule, regulation or contract (including these terms and any additional terms) will be treated as including that statute, rule, regulation or contract as it may be varied or supplemented from time to time.
(d) Events outside our control. We shall not be liable to you for any delay or failure to perform any obligation under this agreement if that is caused by any circumstance beyond our reasonable control (such as any storm, fire, flood, epidemic, pandemic, power outage, satellite failure, labour dispute, civil disturbance, war, national emergency or governmental action).
(e) Survival. Any section of this agreement that expressly or impliedly applies to your or our continued compliance after the end of this agreement will survive thereafter.
(f) Severability. If any provision of this agreement is held unlawful, void or unenforceable, it will be considered severable and will not affect the lawfulness, validity and enforceability of any remaining terms.
(g) No third-party rights. Except as far as specified in it, this agreement not give any third party any right to enforce any provision of this agreement.
(h) Written communications. Relevant laws may require that some details or communications we send you should be in writing. When using the service, you accept that communication with us will be mainly electronic. We may contact you by email or provide you with information by posting notices on the site. For contractual purposes, you agree to such electronic means of communication, and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications will be in writing. This condition does not affect your rights as a consumer under law.
20 Changes to our terms and policies
Subject to relevant law, we reserve the right, in our discretion, to change these terms (including any relevant additional terms) and our policies from time to time. We will notify you of revised terms or policies by posting them on the service, by emailing you (if you have provided us with an email address) or by using some other reasonable way to notify you.
Each time you use the service, the version of these terms and any relevant additional terms in force at that time will apply to your use of it. So we encourage you to look at the posted terms and policies each time you use the service.
We strive to make our site content usable by all visitors, including those with disabilities. If you are having difficulty using the site, please contact us using the details set out in section 22 below. To help us reply in a useful way, please confirm the nature of the difficulty, the site link and your contact details.
You can contact us as follows:
- Post: BMG Rights Management GmbH, Charlottenstraße 59, 10117 Berlin, Germany
- Phone: +49 (30) 300 133 300
- Email: info@bmg.com
IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY THESE TERMS AND ANY RELEVANT ADDITIONAL TERMS, PLEASE DO NOT USE THE SERVICE.
Last modified: 30 September 2022