Terms & Conditions
EMI RECORDS LIMITED
STORE AREA TERMS OF SALE
1. Who We Are
1.1 We are EMI Records Limited registered in England and Wales under company registration number 00068172, registered office at 27 Wrights Lane, London W8 5SW and VAT number 676015826.
1.2 These terms of sale ("Terms") govern your relationship with EMI Records Limited (“EMI”, “we”, “our”, “us”) when you use our online services (“Services”) via this specific check out area http://abbeyroadlive.sandbag.uk.com (“Store Area”). From time to time we may use the services of third parties to assist us in the provision of this Store Area, however, unless otherwise stated, the services available on this Store Area are provided to you by EMI.
1.4 You should print a copy of these Terms for future reference.
1.5 If you have any questions about these Terms please contact us using the following details.
50 Milford Road
Reading RG1 8LJ
Tel: +44 (0)118 950 5812
Fax: +44 (0)118 950 5813
Sales related queries:
50 Milford Road
Reading RG1 8LJ
Tel: +44 (0)118 950 5812
Fax: +44 (0)118 950 5813
Terms related queries:
50 Milford Road
Reading RG1 8LJ
Tel: +44 (0)118 950 5812
Fax: +44 (0)118 950 5813
2. Changes to these Terms
2.1 We may make changes to these Terms from time to time, which will be effective when posted on this Store Area. We may not notify you directly/personally of changes to the Terms and so we encourage you to check the Store Area regularly for any updates. Your continued use of this Store Area following the posting of changes will mean you accept those changes.
2.2 You will be subject to the policies and Terms in force at the time that you order products from us, unless any change to those policies or these Terms is required to be made by law or government authority (in which case it may also apply to orders previously placed by you).
3. Store Area Content
3.1 The Services, this Store Area (including without limitation) all trademarks, music recordings, lyrics, audio and audio visual clips, digital downloads ("Content") are owned and controlled by or licensed to EMI, its affiliates and/or licensees. All rights in the Content are the sole and exclusive property of EMI or such affiliates, licensors and/or licensees.
3.2 Unless otherwise specified, this Store Area, and Content are for your personal and non-commercial use only.
3.3 You may not without our express written agreement use, transfer, copy or otherwise reproduce or modify any part of the Store Area, the Services, the Content or any source HTML code in any form or by any means (electronic, mechanical or otherwise) except for the sole purpose of using the Services and viewing or using the Content as permitted.
4. System Requirements
Purchases via the Store Area require a compatible terminal or device, internet access and (in some cases) particular software. These system requirements and any applicable fees are your responsibility. Please note that the Services may be affected by the performance of your hardware, software and internet access.
5. Your Use of our Store Area
You may not:
• restrict or inhibit any other user from using and enjoying this Store Area or the Services;
• act in any way that would damage, disable, overburden, or impair this Store Area or the Services or effect or encourage conduct that would constitute a criminal offence or give rise to civil liability;
• upload, post or transmit to, or distribute or otherwise publish through this Store Area any materials that contain a virus or other harmful component, or false or misleading indications of origin or statements of fact, or any material that is indecent, defamatory or use of which may be in breach of any third party's rights;
• impersonate any person or entity or misrepresent your affiliation with any other person or entity;
• exploit any information or other material obtained on or through this Store Area for commercial purposes;
• 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 (including any activity which involves accessing or using EMI cookies for purposes which are unrelated to the Services);
• attempt to gain unauthorised access to other computer systems through this Store Area or obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Store Area; or
• reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of or access to this Store Area or the Contents or the Services.
6. Your Use of our Software
Software used to provide the Services (“Software”) is owned by or licensed to us, our affiliates or our software suppliers. All rights in the Software are the sole and exclusive property of EMI or our suppliers. You may use the Software only for the purpose of using the Services in accordance with these Terms and you acquire no other rights in the Software of any sort. In particular, but without limiting the foregoing, you may not:
• use the Software to transmit any content (including the Content to EMI or to anyone else;
• sell or otherwise distribute any part of the Software;
• modify, adapt, translate or reverse engineer any part of the Software;
• attempt to breach any security mechanisms or to access, tamper with or use any parts of the Software to which access is not authorised;
• use the Software for any illegal, unlawful, harassing, abusive or fraudulent purpose; or
• use the Software for any commercial purpose.
7. Registration and Passwords
7.1 If a particular Service requires you to register with the Store Area or set up an account, you will need to complete a registration process by providing certain information (including your name, email address and, in some cases, payment details) and registering a username and password for use in connection with that Service. You agree that you will provide truthful and accurate information when registering or opening an account. The decision to register a password is in our discretion and we may revoke your password at any time.
7.2 You are responsible for maintaining the confidentiality of the password and your account information, and you are solely responsible for all activities that occur under your password or account and for any access to or use of this Store Area by you or any person or entity using your password, whether or not such access or use has been authorised by you, and whether or not such person or entity is your employee or agent.
7.3 You must immediately notify us of any unauthorised use of your password or account or any other breach of security.
7.4 We will not be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password contrary to these Terms. You may not use another person's account at any time without the express permission of the account holder.
7.5 You are responsible for ensuring that the information we hold is up-to-date. Please amend your details as appropriate from time to time or email email@example.com to notify us of any changes.
8. Our Products
8.1 Our Store Area may allow you to:
• purchase physical products e.g. apparel and other merchandise;
• download digital products e.g. music and videos; purchase mobile products e.g. music, videos and other Content such as wallpaper, screensavers and logos;
• download (and/or participate in online) games, at a cost or free of charge;
• stream services to enable you to preview and/or listen to and/or watch music and videos online; and/or
• subject to any separate specific terms and conditions, offer such services to you on a subscription basis.
If we decide to offer any additional products in the Store Area, such future products will also be covered by these Terms.
8.2 You should ensure that your computer meets the minimum technical requirements for the Services, namely an internet Java Scripted and Cookies enabled browser. You may be required to install third party software to access some or all of these Services. You are responsible for ensuring that the software functions correctly with the relevant Service. Terms and conditions provided by the software supplier may apply to your use of the software.
8.3 You may need to register with the Store Area before using the Services.
8.4 By placing an order through our Store Area, you warrant that:
• you are legally capable of entering into binding contracts; and
• you are at least 18 years old.
If you are under the age of 18 years and/or are not capable of entering into binding contracts but wish to use this Store Area, a parent or guardian should accept these Terms on your behalf.
Making an Order (Digital and Physical Products including Games and Mobile Products/Services if applicable) (see Sections 8.16-8.27 for Mobile Products/Services purchased via SMS) [**)
8.5 Follow the onscreen instructions on the Store Area to make an order.
8.6 Items which you select for purchase/download/streaming (as applicable) will automatically be placed in your "shopping basket". To remove an item from your shopping basket, simply click on the “remove” (or similar) button next to the item as it appears in your basket.
8.7 Once you have pressed the “checkout” or similar button you will be asked to provide certain information to allow us or a service provider engaged by us to process your order (including your selected payment method and card details).
8.8 You will receive an order summary confirmation on screen and/or by email (provided that you have provided us with a valid email address) acknowledging that we have received your order – this doesn’t mean that your order has been accepted. Your order represents an offer to us to purchase a particular item which is accepted by us only when we send you an email ("Dispatch Confirmation") confirming:
• in the case of physical products: that that particular product has been dispatched (physical products), or (if appropriate);
• in the case of digital content: instructions for accessing your digital content.
8.9 We may reject your order for any reason prior to acceptance. If we reject your order after payment has already been taken, we will provide you with a refund in accordance with our Refund Policy set out in Sections 8.37 – 8.41. Where your order was for products of a "hybrid" nature (e.g. a physical and digital product) we will refund the relevant element of the order in accordance with our cancellation policy (set out in Sections 8.16 and 8.19 as applicable) for that particular product.
Payment (Digital and Physical Products, including Games and Mobile Products/Services if applicable) (see Sections 8.16-8.27 for Mobile Products/Services purchased via SMS)
8.10 We can accept only Visa, Visa Debit, Visa Delta, Visa Electron, Visa Connect, MasterCard, JCB, Maestro, Switch and Solo cards for payment. Prices appear on the Store Area and are inclusive of VAT unless otherwise stated. We may change the prices for products at any time by posting new prices in the Store Area.
8.11 By paying using your credit or debit card you confirm that the card is yours and that there are sufficient funds or credit available to cover the charges.
8.12 Prices may exclude delivery charges, which may be added to the total amount and will be calculated and displayed on screen prior to your payment details being taken. There are no delivery charges for digital content. The purchase will appear on your credit card or bank statement as safepayzone.com depending on the service provider for this Store Area.
8.13 It is always possible that, despite our best efforts, some of the items listed on our Store Area may be incorrectly priced. We will usually verify prices as part of our dispatch procedure so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our Store Area, we will usually, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at an incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and could have reasonably been recognised by you.
8.14 Billing to your credit or debit card will take place prior to or at the time of dispatch in respect of physical products or at the time of your purchase or soon afterwards in respect of digital content.
8.15 EMI may use a third party service provider to process payments, but will ensure that any payment processor engaged by EMI will use Secure Sockets Layer (SSL) Security to encrypt credit or debit card data.
Making an Order and Payment for Mobile Products and Services [**]
8.16 This Store Area may allow you to purchase Content such as ringtones, realtones and wallpapers using your mobile phone, by either:
8.16.1 texting the relevant product code of your chosen product to the number advised from time to time; or
8.16.2 texting a keyword which will transfer you to the artist’s WAP site where you can browse and select products for purchase.
8.17 Follow the onscreen instructions on the Store Area to use these Services.
8.18 Your order represents an offer to us to purchase an item which is accepted by us only when we send you an SMS confirming your order. You will receive an order confirmation by SMS once your order has been accepted. We may reject your order for any reason prior to acceptance. If we reject your order after payment has already been taken, we will immediately provide you with a refund.
8.19 This is NOT a subscription service.
8.20 You may purchase Content for your personal and non-commercial use only. We may withdraw Content and products from the Store Area at any time.
8.21 Please check your handset and network compatibility before ordering as refunds cannot be offered where an order has been placed for a non-compatible phone. Handset compatibility lists will be available on the relevant Store Area page applicable to the relevant product or service.
8.22 Please ensure your handset is WAP compatible and that your WAP service is activated. To activate your WAP service, please contact your mobile operator.
8.23 There may be limits on the volume of content that can be stored on your mobile at any one time. For further information, please refer to the manufacturer of your handset.
8.24 This Service is available in the UK only.
8.25 Please ensure that you have the bill payer's permission before placing your order.
8.26 Charges for ringtones, realtones and wallpapers may be made by “reverse” text and will be deducted from your available credit if you are a pre-pay customer or will otherwise appear on your mobile phone bill. The charge for the Content is made, not when you text your order, but when we deliver the Content.
8.27 The text you send in and any download charges made by your network operator will be at your normal operator rate.
Cancellation, Delivery and Usage Rules
8.28 Cancellation: We are not able to cancel your purchase once we begin the process of delivering your order e.g. supplying your download or starting the streaming process.
8.29 Delivery: Each download item made available or purchased can be accessed via the relevant area of the Store Area using your log in details and/or following the onscreen instruction. If any streaming items are made available, all such streaming items made available or purchased can be accessed immediately after payment is authorised by following the instructions provided on screen or via email.
8.30 Usage Rules: You may purchase downloads or stream digital content (as applicable) for your personal and non-commercial use only. In the event you experience any problems in downloading the relevant download item we will allow you to subsequently attempt to download the relevant download item. In the event you experience any problems when downloading, please contact firstname.lastname@example.org. Please note that we may withdraw products from the Store Area at any time. You may make such copies of a product as specified by any specific usage rules to that product, or such copies as are reasonably necessary for your personal, non-commercial use as applicable. You will not be entitled to burn audio-visual products. DRM software may be used from time to time to prevent any unlawful use.
8.31.1 You may cancel your purchase at any time within 14 days for any reason, beginning on the day after you receive the product(s). In this case, you will receive a full refund of the price paid for the product(s) in accordance with our refunds policy set out in Sections 8.37 to 8.41 below. For clarity, where your order was for products of a "hybrid" nature (e.g. a physical and digital product) and we have begun the process of delivering your digital product order, we will refund the relevant physical element of the order in accordance with our cancellation policy as set out in this Section 8.31.
8.31.2 To cancel, you must inform us in writing. Please return the product to us immediately in the same condition you received it (at your own cost and risk). You have a legal obligation to take care of the product while it is in your possession. If you fail to do so, we may have a claim against you for compensation.
8.31.3 Further details of this 14 day cooling-off period, and an explanation of how to exercise your right to cancel, are provided in the Dispatch Confirmation for physical goods. Details of our Refunds Policy can also be found at Section 8.37.
8.31.4 This right to cancel does not apply:
(a) where CDs and/or DVDs (or other such audio or audio-visual products) have been unsealed;
(b) where the product has been made to your specification;
(c) to digital content (see Sections 8.28 to 8.30 above); or
(d) where the product, by reason of its nature, cannot be returned.
8.31.5 Your statutory rights are unaffected by Section 8.31.4 above.
8.32 Delivery: Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no date is specified, then within 30 days of the Dispatch Confirmation, unless there are exceptional circumstances.
8.33 Risk and Title: products purchased will be at your risk from the time of delivery. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges. Refunds Policy
8.37 If you cancel your purchase of physical products within the 14-day cooling-off period detailed in Section 8.31 above, we will process the refund due to you as soon as possible and, in any event within 30 days of the day you gave notice of your cancellation. In this case, we will refund the price of the product in full, including the cost of delivering the item to you, provided that you have taken reasonable care of it and the item has been returned unopened and in its original packaging. However, you will be responsible for the cost of returning the item to us. For clarity, where your order was for products of a "hybrid" nature (e.g. a physical and digital product) and we have begun the process of delivering the digital part of your product order, we will refund the relevant element of the order in accordance with our cancellation policy (as set out in Sections 8.31 and 8.34 as applicable) for that particular product.
8.38 If you seek to cancel your purchase because you claim that the product is defective or that there has been damage or error on our part, we will examine the returned product and will notify you of your refund or otherwise via email within a reasonable period of time.
8.39 In the event that we have to cancel your order after payment has been taken, as outlined in Section 8.13 above, we will notify you of our need to cancel your order and supply you with a refund as soon as possible.
8.40 We will usually process any refund due to you as soon as possible and, in any event, within 30 days of the day we confirm to you via email that you are entitled to a refund. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
8.41 We will usually make any refund using the same method originally used by you to pay for your purchase.
8.42 Occasionally, technical problems may delay or prevent delivery of a purchased product. In those circumstances, your sole remedy will be either a replacement product or a refund, as determined by EMI or the relevant third party supplier as appropriate. Your statutory rights are not affected.
8.43 We will not be liable to you for failures, defects or delays in delivery caused by:
• your provision of incorrect information;
• your computer failing to meet the minimum technical requirements for the Services;
• your failure to comply with instructions for use of the Services; or
• an event which is outside of our reasonable control, and in addition, in relation to mobile services only:
• your mobile handset being incompatible with the Services;
• your mailbox being full and unable to receive Content;
• your handset having limited signal;
• your failure to comply with instructions for use of the Services; or
• an event which is outside of our reasonable control (including, but not limited to, any technical problems arising from the provision of services by a third party whose services you elect to access).
9. Import duty
9.1 Products ordered from our Store Area for delivery outside the UK may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
9.2 You must make sure that you comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
We may from time to time provide access via the Store Area to games, applications, and other such features (the "Games") that may be accessed by you subject, in addition to the Terms, to the following specific provisions:
10.1 Unless otherwise specified, all content, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software accessible via the Store Area (collectively the "Materials") are the property of EMI, or its suppliers, and are protected by UK and international copyright, trade mark and other relevant intellectual property and proprietary rights laws.
10.2 You may access and use the Games and the Materials only for your personal and non-commercial use and, if applicable, in accordance with the terms of the end user licence agreement that accompanies or is included with the Games and which is incorporated into these Terms by reference.
10.3 Except as expressly authorised by us in writing, you may not modify, download, reproduce, copy, sell, post, transmit, create derivative works from, publicly perform, publicly display, distribute or otherwise use the Games or the Materials for any other purpose.
10.4 You may not link to or frame the Games or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of EMI without first obtaining our express written consent.
10.5 You may not use any meta tags or any other "hidden text" using our name or trademarks without our express written consent. Any unauthorised use terminates immediately the permission or licence granted by us.
10.6 You agree that EMI in its sole discretion may terminate, modify, delete or suspend your access to the Games, or any part thereof, with or without notice to you. In the event of termination for any breach of these Terms, all unused credit if applicable, and/or other aspects of your Games account will be forfeited.
10.8 When you access the Games you are communicating with us electronically. You hereby consent to receive such electronic communications.
10.9 The Games are provided on an "as is" and "as available" basis. EMI makes no representations or warranties of any kind, express or implied, as to the operation of the Games or the information, content, materials or products included on or accessed /downloadable from the Store Area. You expressly agree that your use of the Games is at your sole risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading of any such information, content, material or products. EMI does not warrant that the Games, its servers, or any electronic communications sent to you are free of viruses or other harmful components.
11.1 We may, in our sole discretion, terminate your password, account (or any part thereof, if any) or use of this Store Area without notice if you are in breach of these Terms or if we believe in our absolute discretion that your use of the Services or the Content or the Software is unsuitable.
11.2 Termination, suspension or cancellation of your access rights shall not affect any other right or relief to which we may be entitled, at law or in equity.
11.3 Upon termination, all rights granted to you under these Terms will automatically terminate and immediately revert to us and our licensors (save for any continuing rights which you may have in connection with products which you have purchased from this Store Area).
12.1 We warrant to you that any goods purchased from us through our Store Area are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
12.2 In relation to our supply of products via this Store Area (including both digital and physical products) our liability for losses which you suffer is strictly limited to the purchase price paid by you, if any, and any losses which are a foreseeable consequence of us breaching these Terms. Losses are foreseeable if they are contemplated by you and us at the time your order is accepted by us. We are not responsible for indirect losses which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
12.3 EMI shall not be liable for any damages of any kind arising from the use of the Games, including but not limited to direct, indirect, incidental, and consequential loss, including lost profits, goodwill, or any other intangible loss, even if EMI has been advised of the possibility of such loss. If you are an individual consumer, this may not apply to you and instead EMI will be liable to you only for the direct and actual loss suffered by you and will not be liable for any indirect, incidental, and consequential loss, even if EMI has been advised of the possibility of such loss.
12.4 You agree to indemnify EMI, its affiliates, subsidiaries, service providers, distributors, licensors, officers, directors and employees from any claim or demand made by any third party due to, or arising out of or related to your breach of these Terms, misuse of the Games, or your violation of any applicable law, rule, regulation or third party right.
12.5 This Section does not in any way limit or exclude our liability:
12.5.1 for death or personal injury caused by our negligence;
12.5.2 under section 2(3) of the Consumer Protection Act 1987;
12.5.3 for fraud or fraudulent misrepresentation; or
12.5.4 for any other matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
13. Transfer of Rights and Obligations
13.1 The contract between you and us created by these Terms (the "Contract") is binding on you and us and on our respective successors and assigns.
13.2 You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge or sub-contract the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract provided that we remain primarily liable for our obligations under the Contract where applicable.
14. Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. Our performance under these Terms is deemed to be suspended for the period that any such event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to find a solution by means of which our obligations may be performed despite such event.
15.1 These Terms, together with any documents or links to other terms referred to in them, constitute the whole agreement between you and us and supersede and extinguish any prior understandings, agreements or terms between you and us.
15.2 The rights and remedies provided in these Terms are cumulative and are not exclusive of any rights and remedies provided by law or otherwise.
15.3 No breach by either you or us of any provision of these Terms shall be waived or discharged except with the express written consent of the other.
15.4 No failure or delay by either you or us in exercising any right, power or privilege under these Terms shall operate as a waiver of that right, power or privilege and no single or partial exercise by either you or us of any right, power or privilege shall preclude any further exercise of that right, power or privilege or the exercise of any other right, power or privilege.
15.5 These Terms shall be binding on and endure for the benefit of each party’s successors in title.
16. Governing Law and Jurisdiction
16.1 These Terms shall be governed by and construed in accordance with English law and you and we hereby irrevocably submit to the non-exclusive jurisdiction of the English Courts as regards any claim or matter arising in relation to these Terms.
16.2 If you order products from our Store Area for delivery outside the UK they may be subject to import duties and taxes that are levied when the delivery reaches the specified destination. You will be responsible for the payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
16.3 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
17.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our Store Area, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Store Area. You agree to this 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 be in writing. For the avoidance of doubt, all communications, including the conclusion of the contract, will be in English. This does not affect your statutory rights.
17.2 All notices given by you to us must be given to us at the address set out in Section 1.1 or email address email@example.com. We may give notice to you at the email or postal address you provide to us when placing an order or registering with the Store Area, or by posting the notice on the Store Area. Notice will be deemed received immediately when posted on our Store Area, 24 hours after an email is sent, or 3 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that the email was sent to the specified email address of the addressee.
17.3 If you have any queries about these Terms, this Store Area or any of our Services please contact: firstname.lastname@example.org
© 2010 EMI Records Limited