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 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.
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:
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:
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):
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):
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.
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.
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.
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:
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.
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.
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:
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