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UNIVERSAL MUSIC ARTIST GATEWAY - TERMS OF USE

INFORMATION ABOUT US AND THE ARTIST GATEWAY

Artist Gateway is a collection of web pages hosted on the umusic.co.uk website ("site") which is operated by Universal Music Operations Limited ("we"). We are registered in England and Wales under company number 6854191 and have our registered office at 364-366 Kensington High Street, London W14 8NS. Our VAT number is 246 2974 39. You can access certain data relating to Universal Music artists and content through the Artist Gateway (“AG Data”).

INTRODUCTION/APPLICATION OF THESE TERMS

These terms of use (together with the documents referred to in them) set out the conditions on which you may make use of the AG Data. Please read these terms of use carefully before you start to use the AG Data. By using the AG Data, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please do not use the AG Data. If you have any queries about these terms of use please contact contact@umusic.com

These terms of use should be read together with our Website Terms of Use http://umusic.co.uk/terms.html which set out the terms and conditions on which you may make use of our Site. The Website Terms of Use will also apply whenever you access the Site so you should read them carefully before using the Site as by using the Site you indicate that you accept the Website Terms of Use and that you agree to abide by them as well.

Please also carefully review this site's Privacy Policy http://umusic.co.uk/privacy.html - which governs our collection and use of personal information provided by you. By using our site, you consent to us obtaining and holding your personal data as set out in the Privacy Policy.

We reserve the right, in our sole discretion, to modify or otherwise update these terms by posting revised and/or updated terms to the site at any time. If you continue to use the site following such posting you will be agreeing to be bound by such modifications or updates. We recommend therefore that you review these terms on a regular basis.

To the extent that there is any conflict or inconsistency between the application of these Terms of Use, the Website Terms of Use and the Privacy Policy the following order of precedence will apply:

Artist Gateway Terms of Use; Website Terms of Use; Privacy Policy.

AG DATA & CONTENT

Through the Artist Gateway you may access a machine readable data representation of each web page within the Artist Gateway indicating the content and source of certain content owned and/or controlled by us (excluding photographs; artist images; and cover artwork) and subject always to any Third Party Terms of Use, Third Party Content (both as defined in sections 4 and 5 below) (“AG Content”).

For the avoidance of doubt, we shall not be obliged to make any AG Data (or data relating to Third Party Content as described below) available to you.

THIRD PARTY CONTENT

We may also make available data indicating the content and source of certain third party content (“Third Party Content”) but as set out in sections 5 and 6 below, any use of Third Party Content shall be subject to the Third Party Terms of Use (as defined below in section 5) and you should check with the relevant third party content provider before using any Third Party Content as set out in section 6 below.

HOW YOU MAY USE THE AG DATA

Subject always to your compliance with these Terms of Use, you are granted a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable licence to access and use the AG Data to display the AG Content on your website and/or software application on a non-commercial basis only. For the avoidance of any doubt, this licence covers use of the AG Data to display the AG Content on your website and/or software application only, it does not permit you to use any other data or content on the Artist Gateway pages or any other Universal Music or Universal Music artist website.

You may only use the AG Data to display the AG Content on your website and/or software application. You are not permitted to sub-license, authorise or otherwise permit or enable any third party to use the AG Data (and the AG Content) through your website and/or software application (which for the avoidance of doubt shall include making the AG Data available through your website and/or software application and/or syndicating the AG Content).

For the avoidance of any doubt, your use of any Third Party Content shall be subject to the relevant third party content provider's terms and conditions applicable to the use of the relevant Third Party Content (“Third Party Terms of Use”). You should always carefully check the Third Party Terms of Use before using any Third Party Content.

Your use of any AG Data and AG Content is at your own risk as more fully explained in section 10 below.

YOUR OBLIGATIONS AND RESTRICTIONS ON USE OF THE AG DATA

You must not use, copy, reproduce, distribute, sell or exploit any part of the AG Data and/or AG Content for commercial purposes without obtaining a written licence to do so from us (or in relation to any Third Party Content, the relevant third party content provider. For the avoidance of any doubt “commercially exploit” includes but is not limited to:

(i) selling AG Content and/or AG Data to any third party;
(ii) syndicating the AG Content and/or charging users a fee (or other consideration) to access your website or software application (or both) containing the AG Content;
(iii) displaying advertising on any page on your website and/or software application which contains the AG Content. If you wish to make any use of the AG Content save as expressly permitted in these terms please email contact@umusic.com with details of your request and we will consider and may respond to your request. If you wish to make any use of Third Party Content, you should contact the relevant third party content provider. If you do not know how to contact the relevant third party content provider, please contact us at the above address and we will advise you how to contact the relevant third party content provider.

You warrant that your website and/or software application shall not:

Subject always to section 4 above (namely that your use of any Third Party Content is subject to the relevant Third Party Terms of Use):

You will not use the AG Content in any way that:

You will not use any AG Content in any manner which could reasonably be deemed offensive or injurious to the interests of Universal Music, any Universal Music artist and/or any third party provider of Content. You will not use or associate the Content with:

any material which is obscene, defamatory, illegal, pornographic, or which we may reasonably consider to be inappropriate; and/or products or services for firearms, pharmaceuticals, pornography or tobacco.

You will exercise proper discretion in the choice and use of any AG Content so as not to (i) denigrate the artistic integrity of any Content or (ii) bring Universal Music, any Universal Music artist or third party provider of Content into disrepute. You shall not use any Content in a manner that could amount to derogatory treatment (including without limitation parody).

You will not use AG Content in any way which implies that your website and/or software application is owned or controlled by; or associated with; or endorsed of sponsored by Universal Music, any Universal Music artist or any third party provider of Content.

You will acknowledge at all times our status and that of any third party content providers as the owners and/or controllers of material comprising the Content. You will keep intact all trade mark, copyright and other proprietary notices contained in the Content. In addition you agree you will not:

use any illustrations, video or audio sequences or any graphics separately from any accompanying text; and/or remove any credits, branding or logos featured in, around or in association with the AG content

You will keep intact at all times all links to external websites which are contained in the Content.

You will not modify the AG Content in any way including but not limited to adapting, editing or translating any content.

You must contact us immediately in the event that you receive any third party claim or complaint in respect of any AG Content by emailing contact@umusic.com and provide us with all relevant documentation.

In the event that we ask you to remove any or all AG Content from your website and/or software application, you shall remove the relevant content as requested within 24 hours of our sending such take down request.

OWNERSHIP OF AG CONTENT AND AG DATA

Unless otherwise expressly stated, the AG Data and the AG Content and all materials that are included in or are otherwise a part of the AG Data and the AG Content including, without limitation, graphics, artwork, text, images, audio recordings, videos, designs, software, trade marks, logos, the “look and feel” of the Artist Gateway Pages, and all other materials related to the Artist Gateway pages (collectively, the “Content”) are owned, controlled or licensed by us, our subsidiaries or affiliates or third parties and are protected from unauthorised use, copying and distribution by copyright, trade mark, patent and other laws.

Except as is expressly provided in these terms the Content may not be used, copied, reproduced, performed, displayed, modified, downloaded or distributed in any way, in whole or in part, without our express written permission. Note that in respect of some Content, additional copyright notices, information, or restrictions may be contained on the relevant part of the site featuring the Content and you agree to accept and abide by these additional restrictions/notices also. Further as set out in section 5 above, your use of any Third Party Content is subject to the relevant Third Party Terms of Use.

Nothing in these terms of use shall be deemed to grant or transfer to you or create any interest (including any goodwill or copyright ownership) in any Content (including but not limited to the Artist Gateway Pages, any trade marks, unregistered marks, logos or branding) which shall at times remain vested in Universal Music, its licensors or third parties (as applicable).

If you print off, copy or download any part of the Content in breach of these terms of use your right to use the Artist Gateway (the AG Data and the AG Content) will cease immediately and you must, at our option, return or destroy any copies of the Content you have made.

YOUR WEBSITE TERMS OF USE

You will ensure that the terms of use of your website and/or software application expressly state that users of your website and/or software applications shall be permitted to use the AG Content for their personal and non-commercial use only. You shall be responsible for enforcing this provision in relation to the AG Content on users of your website and/or software application.

You must expressly provide that you give no warranties and make no representations or other guarantees in relation to the AG Content to users of your website and/or software application. Please see section 9 below.

8.3 If any users of your website want access to the AG Data then please advise them to contact us directly at the email address set out in section 16 below.

SUSPENSION AND TERMINATION OF ACCESS

We may take all steps we believe reasonably necessary to ensure these terms of use (and the Website Terms of Use) are being complied with. We may investigate all actions which we suspect breach these terms of use or Website Terms of Use. We will determine, in our reasonable discretion, whether there has been a breach of these terms or Website Terms of Use.When we believe a breach has occurred, we may take all or any of the following actions:

issue of a warning to you;

immediate, temporary or permanent withdrawal of your right to use the Artist Gateway, the AG Data and the AG Content; legal action against you;

disclosure of information to law enforcement authorities as we reasonably feel is necessary.

The responses described above are not limited, and we may take any other action we reasonably deem appropriate.

You may terminate the agreement between us by ceasing to use the AG Data and display the AG Content.

On suspension or termination of this agreement for any reason either by us or by you in accordance with section 8.3 above) you shall immediately cease using the AG Data and remove any and all AG Content from your website and/or software application.

9.5 In addition to the above, your use of any Third Party Content shall subject to any rights of suspension or termination of access set out in the Third Party Terms of Use applicable to the relevant Third Party Content.

OUR LIABILITY TO YOU

PLEASE READ THIS SECTION CAREFULLY AS IT SETS OUT THE LIMITATIONS OF OUR LIABILITY TO YOU

The Artist Gateway pages, the AG Data and the AG Content are provided without any guarantees, conditions or warranties as to its accuracy. We do not warrant that the Artist Gateway pages, the AG Data and/or the AG Content are error free or up to date. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude

all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
any liability for any direct or indirect loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of the Artist Gateway pages (the AG Data and the AG Content) any websites linked to the Artist Gateway pages and any materials posted on it, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of, damage to or corruption of data;
loss of opportunity or goodwill; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

We do not represent or warrant that the Artist Gateway pages (the AG Data and the AG Content) or the features included therein will be accurate, error-free or uninterrupted or that the Artist Gateway pages (the AG Data and the AG Content) are free from harmful components including without limitation viruses.

Any use of the Artist Gateway pages the AG Data and the AG Content is at your own risk and we recommend that you install security software on your computer to help block viruses and harmful materials.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Artist Gateway pages (the AG Data and the AG Content) or on any website linked to the Artist Gateway pages.

Commentary and other materials posted on the Artist Gateway pages are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of the Artist Gateway pages, or by anyone who may be informed of any of its contents.

We will not be liable in any circumstances to users of the AG Content via your website or software application. In the event we cannot exclude our liability to you as set out in section 10 and we are liable to you under these terms of use in no event will our total liability to you exceed £50.00

These terms of use are not intended to and do not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

REGISTRATION AND FEES

We reserve the right to introduce in the future: (i) a requirement that you register for use of the AG Data; and/or (ii) a fee to be charged to access the AG Data. We shall notify you in advance if we are going to introduce registration and/or charge for the AG Data.

WRITTEN COMMUNICATION

To the extent that applicable laws require that some of the information or communications we send to you should be in writing. When using Artist Gateway pages the AG Data and the AG Content you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Artist Gateway pages. For contractual purposes, 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.

NOTICES

All notices given by you to us must be given to Universal Music Operations Limited at 364-366 Kensington High Street, London, W14 8NS. Notice will be deemed received and properly served immediately when posted on the Artist Gateway pages. 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 e-mail, that such e-mail was sent to, and received by, the specified e-mail address of the addressee.

JURISDICTION AND APPLICABLE LAW

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to or use of our site. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England.

GENERAL

These terms and the documents referred to in them, constitute the entire agreement and understanding between us relating to the use of the site and supersede all prior written or oral understandings, arrangements, representations or agreements relating to such.

A person who is not a party to these terms has no rights under the Contract (Rights of Third Parties) Act 1999 to enforce any of these terms, but this section does not affect a right or remedy of a third party which exists or is available apart from that Act.

If for any reason any part of these terms are deemed unenforceable by a competent authority, then that part of the terms will be deleted and this will not affect the validity or enforceability of the remaining terms.

You are not permitted to assign, sub-license or otherwise transfer any of the rights granted to you under this agreement unless expressly set out in these terms and conditions.

Any waiver by us of the breach of these terms shall not be deemed to be a waiver of any subsequent breach of any provision.

COOKIES

Universal uses cookies. A cookie is a small text file that can be stored on your computer's hard drive. It may be stored and updated at various times as you access the website. Each time you visit the website, the server may deliver certain customised information to your computer based on the data stored in your cookie. This allows Universal to tailor the service to your preferences. You are not obliged to accept a cookie and you may modify your browser so that it will not accept cookies. If you wish to purchase any items on the Website you need to ensure that cookies are enabled. If, however, you do not want to accept cookies please use the help tools provided with your internet browser to find out how to achieve this.

We never use cookies to retrieve information from your computer which was not originally contained in the cookie. We use cookies and IP addresses for system administration and to monitor aggregate non-personalised information (such as anonymous statistics related to the take up or use of services, or to patterns of browsing). Certain non-personal information about users is recorded by the standard operation of Universal's internet servers. Examples of this type of information include the type of browsers being used, its operating system and the domain names (not e-mail addresses, where possible) of users.

Some of the advertisements you see on this and some artist sites are generated by third parties. Some of these third parties generate their own "anonymous cookies" to track how many unique users have seen a particular ad, and how many times they have seen it. These third party cookies cannot be used to identify an individual user, but only for statistical purposes, for example, in providing you with advertisements that are more relevant to your interests. Additionally, the companies that generate these cookies have their own, very strict, privacy policies but we don't have access to these cookies; other than allowing them to be served, we have no role to play in these cookies at all (although we may use statistical information arising from these third party cookies and provided to us by third parties, to improve the targeting of advertisements to users). If you wish to block third party cookies, you can do so in your browser's security settings - indeed, the majority of browsers will block them by default.

QUESTIONS OR QUERIES?

If you have any queries at all regarding the site, please do not hesitate to contact us via e-mail at contact@umusic.com via post to Central Digital Team, First Floor, Universal Music Operations Limited 364-366 Kensington High Street, London W14 9NS and we will be more than happy to assist you.

If you want to commercially exploit the AG Content or use the AG Content in any which is not permitted under these terms and conditions such as adapting or translating the AG Content for use in your website or building a service or application around the AG Content then please contact us to discuss further at contact@umusic.com.