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EULA



This is the End User Licence Agreement (EULA) which relates to all streaming and downloading from this site.

Introduction

These terms and conditions relate to the sale of digital music and video products through this website and any streaming of music and video (collectively “Digital Music Product”) through this Website. UMD may from time to time vary these terms and conditions. The terms which would ordinarily apply to any purchases by you shall be those which are in force at the time you order the relevant products through the website. However, in respect of these pre orders, we reserve the right to change the terms and conditions prior to making the relevant Digital Music Product available for download by you. We will send you the revised terms and conditions prior to the product ordered being made available for download. If you wish to proceed with the purchase of the relevant Digital Music Product you will need to confirm your acceptance to the revised terms and conditions as sent to you. If you do not so confirm prior to the date on which the product is available for download we will cancel your order.

These terms and conditions apply in addition to the general terms relating to the use of this website and the purchase of products (other than digital music and video products) through this website. For such general terms please refer to the Website Terms and Conditions.

These terms and conditions together with the Privacy Policy are a legal contract between you and Music Direct Limited, a company registered in England with number 6854191 whose registered office is at 364-366 Kensington High Street, London, W14 8NS (“UMD”). They apply to and govern any purchase of Digital Music Product through this website (including your use of this website for the purchase). Any terms which you seek to impose in respect of your purchase of Digital Music Products through this website (including your use of this website for the purchase) will not form part of any contract between us. To the extent that there is any conflict or inconsistency between these terms and conditions and the Privacy Policy these terms and conditions shall prevail.

You must be eighteen years old to order Digital Music Products through this Website. If you are under eighteen, you may make purchases through this website only in conjunction with, and under the supervision of, a parent or guardian.

Each time you purchase Digital Music Products through this website you will be required to click the “I Agree” button to complete the order. By clicking the "I Agree" button and/or by using this website to purchase or otherwise access Digital Music Products you are accepting these terms and conditions.

Registration

You will not have to complete any additional registration to be able to purchase Digital Music Products. However you will be required to register with the website in order to download any Digital Music Product you purchase. As part of any purchase you will have to enter additional details to confirm delivery and payment details.

Digital Music Products

This service is provided by UMD. You can stream or purchase permanent downloads of Digital Music Products (including information related to these products and associated artwork). Any streaming or purchases of Digital Music Products through this website are for you own personal and non-commercial use only.

You agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or otherwise transfer or use any Digital Music Products available through this website (whether the same are available as streams and/or permanent downloads). Nothing in these terms and conditions grants to you any rights other than those expressly set out herein. For the avoidance of any doubt these terms and conditions do not grant to you any rights in relation to the synchronisation, public performance, promotional use, commercial sale, resale, reproduction or distribution rights of any Digital Music Product.

All Digital Music Products available through this website are owned or controlled by UMD or its affiliate companies and is protected by intellectual property rights.

Some Digital Music Products may only be available for streaming or sale to users in particular countries. We will endeavour to make this clear at the earliest opportunity. However, if a product is only available within a particular country and you do not have a billing address registered in that that country then you will not be able to access stream or buy downloads of the relevant Digital Music Product through this website. We may use technology including that of our service provider to verify that you have a billing address registered in the relevant country. Where you are accessing Digital Music Product where they are available without payment UMD may use technological means, such as reverse IP look-up, to verify that you are in the particular country. You agree to not circumvent or attempt to circumvent any technology employed to verify that you are in the relevant country.

We have no liability to you for Digital Music Products you find to be offensive, indecent or objectionable

Permanent Downloads

UMD has engaged Digiplug to provide permanent downloads to you.

Permanent downloads are capable of being downloaded to and stored on the hard drive of your computer and then exported, burned or copied. This is solely for personal, non-commercial use. You are responsible for ensuring that any hardware you use to download and/or access digital music and video products functions correctly with this website. You are responsible for ensuring that you do not to lose, destroy, or damage any Digital Music Product you purchase through this website. UMD shall not be obliged to replace any Digital Music Product in the event of any loss, destruction, or damage.

UMD reserves the right to introduce usage rules limiting the number of times any permanent download may be burned to disc or transferred to any other media including to portable players. UMD may do this in relation to any and/or all of the Digital Music Products available as permanent downloads from time to time through this website.

Upon your payment of the relevant price for a digital product, UMD grants to you a non-exclusive, non-transferable right to use the Digital Music Product solely for your personal, non-commercial use. Such use shall be subject always to these terms and conditions. You may store the Digital Music Product, transfer it to portable players and burn it to disc provided always that any such use is only for your personal, non-commercial and otherwise complies with these terms and conditions.

In any event if you burn any permanent download to disc or transfer it to a portable device you agree not to further copy, distribute or transfer the permanent download from that disc or portable device.

To prevent unauthorised use Digital Music Products may carry a digital watermark that allows the identification of the unique original owner of the product and that allows the tracking of any subsequent unauthorised transfer. You agree to not attempt to remove the watermark or circumvent the security technology in any way.

Where permanent downloads are made available with digital rights management technology that technology forms an inseparable part of the relevant music or video product and you agree to make no attempt to circumvent or disable that technology.

Streaming

UMD grants to you a non-exclusive, non-transferable right to access streams of Digital Music Products solely for your personal, non-commercial use. Such use shall be subject always to these terms and conditions.

You may not in relation to any Digital Music Products available as streams through this website:

  • store, copy, “rip”, reproduce, transfer or burn to disc or attempt or employ any technology with a view to attempting to do the same;
  • circumvent, attempt to circumvent or employ any technology with a view to attempting to circumvent any technology used by UMD to protect Digital Music Products available as streams through this website.

Explicit Material

There may be Digital Music Product available through this website which you might consider to be explicit, offensive, indecent, or objectionable, and which may or may not be identified as such. UMD may (but subject to applicable laws is not obliged to) label some Digital Music Product as “explicit”. UMD shall have no liability to you for Digital Music Product which you consider to be offensive, indecent, or objectionable.

Software Used in Connection with Digital Music Products

UMD may from time to time make available to you software for use in connection with accessing or purchasing Digital Music Products through this website (any and all such software, individually and collectively, the "Software"). Any such software is provided in UMD’s discretion and UMD may elect to change, update, enhance revise or discontinue use of the Software at any time.

You may use the Software for your personal and non-commercial use and only in connection with accessing pr purchasing Digital Music Products through this website.

You may not:

  • not use the Software other than in connection with accessing or purchasing Digital Music Products as provided for through this website;
  • compile, decompile (or otherwise reverse engineer) or incorporate any Software (including any portion thereof) into or in combination with any other programs programme;
  • sell, rent, lease, lend, loan, distribute or sub-license, assign the Software or any rights in and to the Software in whole or in part (or purport or attempt to do any of the same);
  • Permit, authorise or assist any other person to commit any act which breaches the conditions set out immediately above.

Save for the rights which are expressly granted to you in relation to your use of the Software (as set out above) all rights in and to the Software are expressly reserved to UMD and/or its licensors. Nothing in these terms and conditions grants to you any ownership right of any nature in and to the Software.

In the event that UMD become aware of any misuse of the Software by you (including se by any other person with your permission, authority or assistance) UMD may elect to terminate your use of the Software and/or block your access to Digital Music Products through this website.

Digital Music Product Fees

UMD shall determine in its discretion from time to time whether and which Digital Music Products are to be made available free of charge, on the payment by you of the relevant price or in return for some other consideration (by way of example only signing up to the artist mailing list).

For the most part you will not have to pay to access Digital Music Products by way of streaming. Where Digital Music Products are made available by way of free of charge streaming UMD may place advertising, sponsorship or other endorsements in and around the streaming player in addition to advertising included elsewhere on this website. By accessing any stream you agree that advertising may be featured in and around such stream in any manner which UMD determines in its discretion including any and/or all of the following:

  • Banner advertising;
  • Pre-roll advertising;
  • Interstitial advertisements;
  • Click-through advertising.
  • Roll banners within the Digital Music Product being streamed
  • Sponsorship of Digital Music Products and/or artist and/or the streaming player.

Streaming of certain Digital Music Product may be provided as premium content (by way of examples only pre-release exclusives and concert webcasts). In this case you will have to pay the appropriate price in order to access the relevant Digital Music Product.

UMD may from time to time make available permanent downloads free of charge. Any such availability is in UMD’s sole discretion.

The prices of permanent downloads are as set out on this website at the then current time. Unless otherwise stated all prices included VAT. UMD may change any price for any permanent download at any time. UMD will not accept any offers for permanent downloads other than at the then current price. Permanent downloads may be purchased individually, in multi track formats such as EPs and albums, or in multi format packages such as music and video EPs. UMD reserves the right to make certain Digital Music Products available only as part of a larger product (e.g. a particular tracks may only be available as part of the album), in some cases, only in the form of an album.

However, each purchase of a Permanent Download shall be deemed a final, non-refundable sale.

Ordering and Payment

Your order is accepted (and the contract formed) when we have received the whole of the price for the Digital Music Products ordered and the Digital Music Products are made available to you for download. UMD will send you an email to confirm that the Digital Music Products are available for download.

UMD tries to ensure that all prices on this website are accurate but errors may occur from time to time. If we discover an error in the price of a Digital Music Product you have ordered we reserve the right to not accept and/or cancel the order.

Digital Music Product will normally be available to download on the day of release. There may be occasion from time to time when it is not available and UMD makes no guarantee that any Digital Music Product order prior to the release date will be available on the release date previously published. Release dates are subject to change from time to time.

UMD will endeavour to make it clear where the products being offered are available for a limited time or in limited numbers. Please remember that it can take some time to update the website when products have sold out or otherwise no longer available.

UMD will accept only the following forms of payment in respect of Digital Music Product:

  • Credit and Debit Cards;
  • Paypal

By providing the details of a credit or debit card to be billed or payment account to be debited for payment of the price due, you confirm that you are authorised to purchase the Digital Music Products and that you are the holder of the relevant credit or debit card or of the relevant payment account.

Cancellation of an order for a Permanent Download

You may not cancel an order for any permanent download once it has been made available for download by you. You may cancel a pre-order up to and including the day before the release date of the relevant Digital Music Product by emailing orders@universal-music.co.uk, clearly stating your order number and item(s) to be cancelled.

Once you have notified UMD that you are cancelling your order, any sum debited to UMD from your credit or debit card will be re-credited to your account as soon as possible and in any event within 30 days of your cancellation.

Use of this Website to Access or Purchase Digital Music Product

You will not use this website to access or purchase Digital Music Product:

  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • for the purpose of harming or attempting to harm minors in any way;
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other similar malicious code designed to adversely affect the operation of any computer software or hardware.

Breach by you of these terms and conditions may result in UMD taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to access or purchase Digital Music Product through this website;
  • Issue of a warning to you;
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including administrative and legal costs) resulting from the breach;
  • Further legal action against you;
  • Disclosure of such information to law enforcement agencies as UMD reasonably feels is necessary.

Intellectual Property Rights

The information, artwork, text, video, audio, pictures, Digital Music Products, software (including any Software) and other intellectual property (collectively, "Materials") contained on this website are protected by copyright and international laws. You may only access and use the Materials for personal use. You may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the Materials (or authorise others to) for commercial gain, unless authorised by the appropriate copyright owner(s).

Liability

This section applies only to the extent permitted by law.

You expressly agree that use of this website to access or purchase Digital Music Product is at your sole risk. To the extent permitted by law this website, the Digital Music Products and any Software and related products and services are provided on an "as is" and "as available" basis. UMD makes no representations or warranties with regard to the same whether express or implied, arising by law or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, any viruses, worms, Trojan Horses, corrupted files or any other harmful files or bugs on any nature or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade.

UMD shall use reasonable endeavours to protect the information you submit in relation to your use of the website to access or purchase Digital Music Products. You agree that by submitting the information you are doing so at your own risk and UMD shall not be liable to you for any loss or damage relating to such information.

In no event shall UMD’s liability to you (or the liability of any affiliate companies, directors, officers, employees or contractors of UMD or its affiliate companies) in relation to your use of this website exceed the great of £45 or the total price paid by you for the Digital Music Product in respect of which any liability has arisen.

Nothing in these terms and conditions shall exclude either party’s liability for personal injury or death or for fraudulent misrepresentation or exclude or limit any right which you may have under applicable laws (to the extent that the same are not permitted to be excluded).

Your Indemnity

By accessing and purchasing Digital Music Product through this website you agree to defend, indemnify and hold harmless UMD, its affiliate companies (including for the avoidance of doubt all companies in the Universal Music Group of companies from time to time), and their respective directors, officers, agents, employees, shareholders, partners and independent contractors from and against all claims, liabilities, suits, losses, damages and expenses suffered by them as a result of:

  • Any breach of these terms and conditions;
  • Any use by you of any Digital Music Product, the Software, this website and the Materials other than in accordance with these terms and conditions;
  • Any use by you of this website for accessing or purchasing Digital Music Product which results in infringement of any copyright patent, trade secret, or other proprietary right;

Investigations by UMD Regarding the Use of this Website

UMD may investigate all suspected actions which breach these terms and conditions (including fraudulent activity on the website) and take any action it deems necessary regarding any such actions including:

  • Warning you that we have found an action by you has breached these terms and conditions;
  • Suspending or terminating your access to this website or to Digital Music Product (including by way of purchase) through this website.

For the avoidance of any doubt UMD is not obliged to issue any warning prior to being able to suspend or terminated access as provided for above.

You will have no claim against UMD, its affiliate companies (including for the avoidance of doubt all companies in the Universal Music Group of companies from time to time), and their respective directors, officers, agents, employees, shareholders, partners and independent contractors in respect of any decision to remove content from this website or any decision to suspend or terminate your access to this website or to Digital Music Product (including by way of purchase) through this website.

UMD will be entitled to obtain injunctive relief against you in addition to all other remedies that UMD may have, to enforce these terms and conditions and to prevent your unauthorised use of this website, including use of the Software and access to or purchase of Digital Music Product through this website.

Nothing in these terms and conditions shall in respect of any breach of the same be deemed to limit the remedies available to UMD its affiliate companies (including for the avoidance of doubt all companies in the Universal Music Group of companies from time to time), and their respective directors, officers, agents, employees, shareholders, partners and independent contractors.

The rights and remedies available at law or in equity are, to the extent permitted by law, cumulative and not exclusive of any other right or remedy now or hereafter available at law or in equity.

Force Majeure

UMD shall have no liability to you for any failure to deliver, delay in delivering or damage to products you have ordered to the extent that it is caused by any event or circumstance beyond UMD’s reasonable control.

Complaints

If you have any complaint in relation to your use of this website (including the purchase of products through the website), please contact us:

E-Mail: orders@universal-music.co.uk

Post: UMD Customer Services, Universal Music Direct Limited, 364-366 Kensington High Street, London W14 8NS.

Third Party Rights

Save to the extent expressly provided below nothing in this contract creates any right which is enforceable by any person who is not a party to the contract. The owners and/or controllers of the intellectual property rights in and to the Digital Music Products shall be third party beneficiaries of the contract and will be entitled to enforce these terms and conditions against in respect of their intellectual property.

Varying these Terms and Conditions

UMD is entitled to vary these Terms and Conditions in its sole discretion from time to time. Users will be notified of any such changes by way of the revised Terms and Conditions being published on this website. Your agreement will be subject to the Terms and Conditions in force at the time when your order the relevant products through the website.

Nothing said ant any time by any authorised representative of UMD shall be deemed to have amended these terms and conditions. Amendment shall be only by way of revised terms and conditions being published on this website.

Invalidity

If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.

Assignment

You may not assign, transfer or sub-contract any of your rights or obligations under these terms and conditions without the express prior written consent of UMD. UMD may assign, transfer, or sub-contract any of its rights or obligations.

No Joint Venture of Partnership

Nothing in this Agreement shall be construed as creating a partnership, joint venture, or agency relationship between the parties hereto or as authorising either party to act as agent for the other.

No Waiver

No failure or delay on the part of UMD to exercise any power or right under these terms and conditions shall operate as a waiver thereof. No single or partial exercise of any right or power hereunder shall operate as a waiver of such right or of any other right or power. A waiver by UMD of a breach of any of these terms and conditions shall not operate or be construed as a waiver of any other or subsequent breach.

Headings

The headings inserted in the Agreement are for convenience only and are not intended to affect the meaning or interpretation of the Agreement.

Entire Agreement

These terms and conditions, together with the current prices set out in the website, delivery details and our contact details, set out the whole agreement between us for the supply of the products to you by UMD. These terms and conditions cannot be varied except in writing signed by a director of UMD. Nothing said by any authorised representative of UMD shall be deemed to vary these terms and conditions.

Governing Law

The contract between us shall be governed by and interpreted in accordance with English law, and the English courts shall have jurisdiction to resolve any disputes between us.
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