EMI TERMS AND CONDITIONS FOR SAMSUNG MUSIC HUB
These terms and conditions are current as at 27 September 2015.
EMI Music Australia Pty Limited of 18 Hutchinson Street, Surry Hills NSW 2010, Australia (“EMI”, “us” or “we”) is committed to providing an excellent user experience. In order to provide this website and our digital music services to you, you must agree to be bound by the following terms and conditions which form a legally binding contract between EMI and you.
1. ACCEPTANCE OF TERMS
1.1 Access to our Website. Your access to and use of Samsung Music Hub (“the Website”) and any Services referred to in Clause 2 below, is subject to these terms and conditions.
1.2 Acceptance. You will not use the Website/Services for any purpose that is unlawful or prohibited by these terms and conditions. By using the Website/Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these terms and conditions you must immediately stop using the Website/Services.
1.3 Right to Amend Terms. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms and conditions at any time without further notice. If we do this, we will post the changes to these terms and conditions on this page and will indicate the effective date at the top. If you do not agree to (or cannot comply with) the terms and conditions as amended, your only remedy is to stop using the Website/Service. You are responsible for regularly reviewing these terms and conditions so that you will be apprised of any changes. Your continued use of the Website/Services after any such changes constitutes your acceptance of the new terms and conditions.
2. THE SERVICES
2.1 Services. The Website provides digital media download and streaming services (“the Services”) designed to enable you to purchase legal digital media. The Services are for your own personal and non-commercial use and you are not authorised to make any copies of any downloads or streams other than for personal use.
2.2 Our Agent. We use Tuned Global Pty Ltd to help us provide the Services to you.
3. OBJECTIONABLE MATERIAL
You understand that by using the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and EMI will not be liable to you for content that may be found to be offensive, indecent, or objectionable. EMI does not guarantee the accuracy of any descriptions provided on the Websites.
4. CHILD SUPERVISION
We are concerned about the safety and privacy of our users, particularly children. Parents who wish to allow their children access to and use of the Websites should supervise such access and use. It is your responsibility to determine which if any portions of the Website are suitable for your child to access.
5. AGE RESTRICTION TO REGISTER FOR SERVICES
5.1 Registering for the Services. You must be at least 16 years of age to register for use of the Services on your own behalf. If you are under 16 but at least 13 years of age, you must present these terms and conditions to your parent or legal guardian, and he or she may consent on your behalf.
5.2 Minimum Age. Children under the age of 13 may not register for the Services, and parents or legal guardians may not register on their behalf. By registering for the Services, you represent that: (i) you have read, understood and agree to be bound by these terms and conditions; and (ii) you are at least 16 years old and you are entering into this contract for yourself, or you are a parent or legal guardian entering on behalf of your child or a child in your legal care aged 13 or over.
5.3 Full Access. If you are a parent or guardian allowing your child access to the Services you are allowing your child access to all of the Services. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services. You are fully responsible for his or her use of the Website/Services, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not register and do not attempt to access the Service.
7. USER ACCOUNT, PASSWORD AND SECURITY
7.1 Password Security. If a particular Service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service. You are responsible for maintaining the confidentiality of the username and password. You are fully responsible for any unauthorised person’s use of the Website/Services, including all financial charges and legal liability that he or she may incur. We recommend that you change your password from time to time for additional security. If you believe someone has accessed any Service using your user name and password without your authorisation, it is your responsibility to set up a new password.
7.2 Unauthorised Access. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. In no event will EMI be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder. You agree that we will be entitled to assume that any person logging into the Website using your username and password is either you or someone doing so with your permission.
8. USAGE RULES
8.1 Use of Content. All content included on the Website by EMI (or someone we authorise), including information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials, is either licensed or belongs to us (“the Content”). We do not endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent.
8.2 Previews. A “Preview” is a portion of a song or video, or in some cases, an entire song or video that you can play (and, if applicable, view) directly from and while you are logged on to the Service on a promotional basis at no cost to you. You may play as many Previews as you like. You may not attempt (or support others’ attempts) to capture, copy, or download a Preview.
8.3 Content Usage Rules.
(i) You are authorised to use the Content only for personal, non-commercial use, and not for redistribution, transfer, assignment or sublicense, to the extent permitted by law.
(ii) You may not use Content as a musical “ringer” in connection with mobile phone calls.
(iii) You agree that you will not attempt to, or encourage or assist any other person to, interfere with, remove or alter any rights management information on the Content.
(iv) The delivery of Content does not transfer to you any commercial or promotional use rights in the Products.
(v) Content in the MP3 or AAC format does not contain security technology that limits your usage of such Content and you may use it as reasonably necessary for personal, non-commercial use.
You agree that your purchase of Content constitutes your acceptance of and agreement to use such Content solely in accordance with the Usage Rules, and that any other use of the Content may constitute a copyright infringement. The Usage Rules shall govern your rights with respect to the Content. EMI reserves the right to modify the Usage Rules at any time.
8.4 Use of the Website/Services. You agree not to:
(i) use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
(ii) post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
(iii) post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
(iv) threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
(v) use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
(vi) make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
(vii) collect or store personal information about others, including email addresses;
(viii) advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
(ix) impersonate any person or entity for the purpose of misleading others;
(x) violate any applicable laws or regulations;
(xi) use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Services;
(xii) post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement); and
(xiii) attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.
8.5 Monitoring. We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these terms and conditions or is otherwise objectionable.
We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these terms and conditions. We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services.
Without limiting any provision herein, EMI makes no warranty that any particular computer, portable device, or other hardware will be compatible with EMI’s Website/Services. It is your sole responsibility to ensure that your playback system(s) will function correctly with the application.
11. REFUND POLICY
All sales are final and all charges from those sales are non-refundable. Due to the nature of the service you are not able to cancel any purchases of downloads after you have confirmed payment. Downloads may not be returned for any reason unless they are defective. In exceptional circumstances, refunds are given at the discretion of the management.
12. LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that EMIis not responsible for the content or availability of any such sites.
13. TERRITORIAL RESTRICTIONS
You agree to comply with all applicable laws regarding the transmission of technical data exported from Australia. Some of our downloads are restricted by territory and EMI may not control the necessary rights to authorise the creation, reproduction, processing or storage, from or to any location outside of Australia. Where required, to conclude the purchase of any such restricted products, you will be required to provide an Australian billing address. You agree not to circumvent any territorial restrictions in place on the Website/ Services or provide false billing information.
14. INTELLECTUAL PROPERTY RIGHTS
14.1 Intellectual Property. The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws. In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
14.2 Posted Material. EMI does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, perpetual, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The licence shall be terminated when such Content is deleted from the Services.
You agree to indemnify and hold EMI harmless from and against any breach by you of these terms and conditions and any claim or demand brought against EMI by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by EMI in consequence of your breach of these terms and conditions.
16. DISCLAIMERS AND LIMITATION OF LIABILITY
Use of the Website/Services is at your own risk. The Website/Services are provided on an “AS IS” and “ASAVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, EMI will not be liable for any indirect or consequential loss or damage whatsoever, or any loss of business, opportunity, data or profits, arising out of or in connection with the use of the Website/Services.
EMI makes no warranty that the Website/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
If any condition or warranty is implied into these term and conditions by law and cannot be excluded, and we are able to limit your remedy for breach of such a condition or warranty, then our liability for any breach of the condition or warranty is limited to one or more of the following at our discretion:
(a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the reasonable cost of replacing the goods or of acquiring equivalent goods, or the payment of the reasonable cost of having the goods repaired; or
(b) in the case of services, the supplying of the services again, or the payment of reasonable costs of having the services supplied again.
Nothing in these terms and conditions shall be construed so as to exclude or limit the liability of EMI for fraudulent misrepresentation or death or personal injury as a result of the negligence of EMI.
Nothing in these terms and conditions shall affect your statutory rights as a consumer.
If any of these terms and conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term or condition shall be severed and the remaining terms and conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
18. GOVERNING LAW
These terms and conditions shall be governed by and construed in accordance with the laws of New South Wales, Australia and you hereby submit to the exclusive jurisdiction of the courts of New South Wales, Australia.