Foxy Shazam

LAST UPDATED: August 18, 2009

Privacy Policy

Warner Bros. Records ("Company," "we," "us"), a Warner Music Group company, is concerned about online privacy issues and wants you to be familiar with how we collect, use and disclose your Personally Identifiable Information (as defined below). This Privacy Policy (the "Policy") describes our practices in connection with Personally Identifiable Information that we collect through certain of our web sites, including the site from which you are linking to this Policy (the "Site"). This Policy does not govern our collection of information through any web site, or by any other means, other than through the Site; nor does this Policy govern the collection of information by any of our affiliates, including without limitation, Warner Music Group, Atlantic Records, Warner Bros. Records, and Rhino Entertainment (collectively, "Affiliated Entities") or by third parties. To the extent that you submit any Personally Identifiable Information to any third party (for example, via a third-party software application or service that is available through or included in the Site), such third party’s collection, use and disclosure of such information may be governed by its privacy policy, and not by our Policy (in any event, we are not responsible for the information collection, usage and disclosure practices of third parties).

By using the Site, you agree to the terms and conditions of this Policy. If you do not agree to the terms and conditions of this Policy, please do not use the Site. We reserve the right to change this Policy without prior notice. You can determine when this Policy was last revised by referring to the "Last Updated" legend at the top of this page. Any changes to our Policy will become effective upon our posting of the revised Policy on the Site. Use of the Site following such changes constitutes your acceptance of the revised Policy then in effect.

The Site is controlled and operated by Company from the United States; accordingly, this Policy, and our collection, use and disclosure of your Personally Identifiable Information, is governed by U.S. law, and not by the laws of any country, territory or jurisdiction other than that of the United States. Company does not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls in connection with your use of the Site and/or Site-related services, and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. By using the Site and submitting any Personally Identifiable Information, visitors from outside of the United States acknowledge that the Site is subject to United States law and consent to the transfer of Personally Identifiable Information to the United States, which may provide a different level of data security than in their country of residence, and waive any claims that may arise under their own national laws.

Note Regarding the Use of the Site by Children: The Site is not directed to individuals under the age of thirteen (13), and we request that such individuals do not provide Personally Identifiable Information through the Site.

1. What Types of Information Does Company Collect From Me?

Company gathers two basic types of information through the Site: "Personally Identifiable Information" (or "PII") and "Non-Personally Identifiable Information" (or "Non-PII"). Personally Identifiable Information is information that identifies you as an individual; that is, your name, postal address, telephone number, e-mail address, credit card number or other payment account number. Non-Personally Identifiable Information is aggregated information, demographic information, IP addresses and any other information that does not reveal your specific identity.

a. Personally Identifiable Information. You do not have to provide PII to use the Site. However, in order for you to take advantage of particular opportunities provided through the Site (for example, to sign up for a newsletter or to view certain areas of the Site), we may require that you furnish PII. We collect PII from you through the Site only when you voluntarily provide it to us.

b. Non-Personally Identifiable Information. When you visit and interact with the Site, Company and third parties with whom Company has contracted to provide services to Company may collect Non-PII (for example, a catalog of the Site pages you visit). Non-PII is generally collected through the Site from five different sources: server log files, environmental variables, cookies, pixel tags and other similar technologies and information that you voluntarily provide.

i. Server Log Files. Your Internet Protocol (IP) address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited. We use your IP address, and the IP addresses of all users, for purposes such as calculating Site usage levels, helping diagnose problems with the Site's servers, and administering the Site. Collecting IP addresses is standard practice on the Internet and is done automatically by many web sites.

ii. Environmental Variables. We and our service providers may also collect certain environmental variables, such as your MAC address, computer type (Windows or Macintosh), screen resolution, OS version, Internet browser, and Internet browser version. These environmental variables are collected by most browsers, and can be used to optimize your experience on the Site.

iii. Cookies. We and our service providers may use “cookies” on the Site. Cookies are data that a web server transfers to an individual's computer for recordkeeping purposes. Cookies are an industry standard used by most web sites, and can facilitate users' ongoing access to and use of a particular web site; cookies do not cause damage to your computer systems or files. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or to be given the choice of declining or accepting the transfer of a particular cookie, or cookies from a particular web site, to your computer.

iv. Pixel Tags. We and our service providers may also use so-called "pixel tags," "web beacons," "clear GIFs" or similar means (collectively, "Pixel Tags") in connection with some Site pages and HTML-formatted e-mail messages to, among other things, compile aggregate statistics about Site usage and response rates. A Pixel Tag is an electronic image, often a single pixel (1x1), that is ordinarily not visible to Site visitors and may be associated with Cookies on the visitors’ hard drives. Pixel Tags allow us to count users who have visited certain pages of the Site, to deliver branded services, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted e-mail messages, Pixel Tags can tell the sender whether and when the e-mail has been opened.

v. Information That You Voluntarily Provide. Company also collects Non-PII (e.g., your interests, your geographic location, etc.) when you voluntarily provide such information to us. When such information is not combined with any PII, such information is considered to be Non-PII, as it does not personally identify you or any other user. Additionally, we may aggregate PII in a manner such that the end-product does not personally identify you or any other user of the Site, for example, by using PII to calculate the percentage of our users who like a particular artist. Such aggregate information is considered Non-PII for purposes of this Policy.

2. How Does Company Use Information Collected From Me?

a. Personally Identifiable Information. We may use PII about you in the following ways:

i. Fulfillment of Requests. Company may use PII about you to fulfill the purpose for which such PII was provided (e.g., to send newsletters to you or fulfill your purchase).

ii. Administrative Communications. From time to time, in our sole discretion, we may use PII about you to send to you important information regarding the Site, or changes to our terms, conditions, and policies. Because this information may be important to your use of the Site, you may not opt-out of receiving such communications.

iii. Other Communications. If you affirmatively opt-in to receive marketing messages from Company and the Affiliated Entities, Company and the Affiliated Entities may use PII about you to inform you of any artists, products, programs, services and promotions that we believe may be of interest to you. If you would prefer not to receive marketing-related e-mail messages, please refer to Section 3.f (“Opt-Out”) below.

iv. Third Party Communications. If you affirmatively opt-in to Company sharing PII about you with third parties for their marketing purposes, we may share PII about you with third parties to allow them to contact you regarding products, programs, services and promotions that they believe may be of interest to you. If you would like to later opt-out of receiving marketing-related e-mail messages from such third parties, please utilize any opt-out mechanisms set forth in such third parties’ marketing-related e-mail messages and/or privacy policies.

v. Disclosures to Artists. One of the reasons we operate the Site is to provide you with news and information about Warner Bros. Records and our artists. As such, if you affirmatively opt-in to Company sharing PII about you with our artists, we may share PII about you with such artists (for the purpose of clarification, if any such artist is a band, we may share PII with each and every member of such band) and their representatives (collectively, “Artist(s)”) so that such Artists have information on users of the Site, and such Artists may use this information to contact you regarding products, programs, services and promotions that such Artists believe may be of interest to you. Although we seek to have Artists agree to abide by this Policy, we do not control, and are not responsible for, Artists’ use of PII about you. If you would prefer not to receive marketing-related e-mail messages from Artist(s), please see the "Opt-Out" section below.

vi. Purchases. If purchasing functionality is offered on the Site, we may use third-party payment services (each, a “Payment Service”) to collect payments for purchases made through the Site. If you wish to make a purchase through the Site, you may be directed to a web site or other online service that is hosted by a Payment Service (each, a “Payment Service Page”) and not by us. Any PII that you provide through a Payment Service Page will be collected by the applicable Payment Service and not by us, and will be subject to such Payment Service’s privacy policy, rather than this Policy. We have no control over, and shall not be responsible for, any Payment Service’s use of information collected through any Payment Service Page. PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE COLLECTION AND USE OF INFORMATION THROUGH ANY PAYMENT SERVICE PAGE OR THE PRIVACY OR INFORMATION PRACTICES OF ANY PAYMENT SERVICE.

Notwithstanding the foregoing, if purchasing functionality is offered on the Site and you seek to make a purchase through the Site, we may collect your credit card number or other payment account number (for example, your wireless account number), billing address and other information related to such purchase (collectively, “Payment Information”) from you, and may use such Payment Information in order to fulfill your purchase. If applicable, we may also provide such Payment Information, or other PII provided by you, to third parties as necessary to complete your purchase (for example, to process your credit card or payment account number). To the extent that Payment Information includes Non-PII, use of such Non-PII is governed by Section 2.b below.

vii. E-mails to Friends. We may provide functionality to permit you to send messages regarding Site-related content (such as music clips or artist information) to a friend through the Site. If you wish to use this feature, you may provide us with your friend’s e-mail address so that we can facilitate your sending of such message to your friend. To do so, any PII you provide in connection with sending your friend such message, such as your name and your e-mail address, will, of course, be disclosed to your friend.

viii. Promotions; Surveys. Company, Artist(s) or the Affiliated Entities may operate sweepstakes, contests and other promotions (collectively, "Promotions") through the Site. In addition, we, Artist(s) or the Affiliated Entities may conduct surveys or polls through the Site or ask for your responses to questionnaires that we make available through the Site (such surveys, polls and questionnaires, collectively, “Surveys”). We typically ask you for certain PII when you enter and, if applicable, win a Promotion, and when you participate in a Survey. We reserve the right to share PII that we collect in connection with Promotions and Surveys with third-party sponsors or facilitators of such Promotions and Surveys (irrespective of whether such Promotions and Surveys are hosted by us), or otherwise in accordance with the rules applicable to a Promotion or Survey. You should carefully review the rules, if any, of each Promotion and Survey in which you participate through the Site, as they may contain additional important information about Company's, a sponsor's or other third parties’ use of PII about you. To the extent that the terms and conditions of such rules concerning the treatment of PII about you conflict with this Policy, the terms and conditions of such rules shall control.

ix. Internal Business Purposes. We may also use PII about you for our internal business purposes, such as data analysis, audits and so forth.

x. Third Party Service Providers. We work with third parties (and, in some cases, our Affiliated Entities), who provide services including but not limited to data analysis and collection, hosting, order fulfillment and other services of an administrative nature. We reserve the right to share PII about you with such third parties for the purpose of enabling these third parties to provide such services (for example, if you choose to buy wireless products or services from us, we may share PII about you with your wireless carrier and our third party service providers so that such products and/or services can be delivered to you and/or your mobile device).

xi. Assignment. We reserve the right to transfer any and all information that we collect from Site users to an Affiliated Entity or a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Company's business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings). Additionally, please note that if any Artist is no longer affiliated with Company, we may transfer or provide a copy of any and all information that we collect from Site users to such Artist.

xii. Law enforcement; emergencies; compliance. Notwithstanding any other provision of this Policy to the contrary, we reserve the right to disclose PII about you to others as we believe to be appropriate (a) under applicable law; (b) to comply with legal process (c) to respond to governmental requests; (d) to enforce our Terms and Conditions; (e) to protect our operations or those of any Affiliated Entities or our artists; (f) to protect the rights, privacy, safety or property of Company, the Affiliated Entities, our artists, you or others; and (g) to permit us to pursue available remedies or limit the damages that we may sustain. For example, we may, to the fullest extent the law allows, disclose PII about you to law enforcement agencies to assist them in identifying individuals who have been or may be engaged in unlawful activities.

b. Non-Personally Identifiable Information. Because Non-PII does not personally identify you, we may use such information for any purpose. In addition, we reserve the right to share such Non‑PII, which does not personally identify you, with Affiliated Entities and other third parties, for any purpose.

In some instances, we may combine Non-PII with PII (such as combining your name with your geographic location). If we do combine any Non-PII with PII, the combined information will be treated by us as PII hereunder as long as it is so combined (see Section 2.a above).

3. Other Important Notices Regarding Our Privacy Practices.

a. Profiles. We may provide functionality on the Site that allows you to create a “profile page” (your “Profile”) and post certain information and materials on your Profile. Please note that your Profile, including all PII available in your Profile, may be accessible to other users. We urge you to exercise discretion and caution when deciding to disclose PII about you, or any other information, in your Profile. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF ANY PII THAT YOU DISCLOSE IN YOUR PROFILE.

b. Information Posted on the Site. Company may make available through the Site services (for example, message boards, chat functionality and blogs, among other services) to which you are able to post information and materials (including photographs, videos and other content). Please note that any information or materials that you disclose through such services or otherwise on the Site becomes public information, and may be available to Site visitors and to the general public; moreover, such information and materials, once so disclosed to the general public, may be redistributed through the Internet and other media channels, where it will reach an even broader audience. In addition, when you choose to make a posting on such services, certain PII (for example, a link to your Profile that contains PII), may be available for other users to view. Further, please note that, pursuant to the Terms of Use applicable to the Site, we retain certain rights in the information or materials that you post on the Site, and we may use and/or disclose such information or materials (including any PII included therein, if any) in accordance with the terms and conditions of our Terms of Use. We urge you to exercise discretion and caution when deciding to disclose PII about you, or any other information, on the Site. WE ARE NOT RESPONSIBLE FOR THE USE OR DISCLOSURE OF ANY PII THAT YOU VOLUNTARILY DISCLOSE THROUGH THE SITE.

c. Third Party Sites. The Site may contain links to third party web sites. These linked sites (including without limitation the web sites of Affiliated Entities) are not under Company's control and we are not responsible for the privacy practices or the contents of any such linked site, or any link contained in any linked site. We provide such links only as a convenience, and the inclusion of a link on the Site does not imply endorsement of, or our affiliation with any provider of, the linked site by Company, Artist(s) or any Affiliated Entities. If you provide any PII through any such third party web site, your transaction will occur on such third party's web site (not the Site) and the PII you provide will be collected by, and controlled by the privacy policy of, that third party. We recommend that you familiarize yourself with the privacy policies and practices of any such third parties. PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, THE AFFILIATED ENTITIES.

d. Third Party Advertisers. We may use third-party advertising companies to serve ads when you visit our Site. Please note that these companies may use information (not including your name, address, email address or telephone number) about your visit to this Site in order to provide advertisements about goods and services that may be of interest to you. In the course of serving advertisements to this Site, these companies may place or recognize a unique cookie on your browser. If you would like more information about this practice and to know your choices about not having this information used by these companies, please visit http://www.doubleclick.net/us/corporate/privacy or http://networkadvertising.org/optout_nonppii.asp.

e. Security. We use reasonable organizational, technical and administrative measures to protect PII under our control. Security measures and tools, such as firewalls, are in place to help protect against the loss, misuse and alteration of the information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. As a result, although we strive to protect PII about you, we cannot ensure or warrant the security of any information you transmit to us through or in connection with the Site or that is stored by us. We also seek to strike a balance between the security of your data and your convenience. We do this because we believe that our customers attach value to both. As a result, we will often use a method of communication that is less secure than other, less convenient alternatives. For example, certain data you send us, including PII, may be sent to us in unencrypted form. You acknowledge and agree that any information you transmit through the Site is so transmitted at your own risk. If you are concerned that PII about you may be transmitted over the Internet in unencrypted form, please do not provide us with any PII. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with Section 3.g ("Contacting Us,") below (note that if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the problem).

f. Opt-Out. If you would prefer not to receive marketing-related e-mail messages from Company or any particular Affiliated Entity, you may opt-out of receiving such messages by following the “unsubscribe” instructions in the latest such message you have received from Company or such Affiliated Entity, respectively. Please note that following such “unsubscribe” instructions will opt you out of receiving marketing-related e-mail messages from the sender of the particular message from which you initiated the opt-out process, but will not opt you out of receiving such messages from other senders (including, as applicable, Company, Artist(s) or other Affiliated Entities).

Additionally, if you would like to opt-out of receiving marketing-related e-mail messages from Artist(s) or other third parties with whom we have shared PII about you hereunder, please utilize any opt-out mechanisms set forth in such third parties’ or Artist(s) marketing-related e-mail messages and/or privacy policies, if any.

g. Contacting Us. If you have any questions regarding this Policy, please contact us by e-mail at privacypolicy@wmg.com, or please write to the following address:

Warner Music Group
Legal Department
75 Rockefeller Plaza
New York, NY 10019
Attn: Privacy Coordinator

Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.

LAST UPDATED: August 13, 2008

Terms of Service

Please read this Terms of Service agreement carefully. Your use of the Site (as defined below) constitutes your agreement to this Terms of Service agreement.

This Terms of Service Agreement (the "Agreement") is between you ("you") and Warner Bros. Records ("Company," "we," "us"), a Warner Music Group company, concerning your use of certain of our web sites, including the site from which you are linking to this Policy (together with any successor site(s) and all Services (as defined below), the "Site").

Acceptance of Terms. The Site is made available by Company subject to this Agreement. We reserve the right to update or make changes to this Agreement from time to time in our sole discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the "LAST UPDATED" legend at the top of this Agreement. When using any Services (as defined below), you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such Services, which are hereby incorporated by reference into this Agreement.

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; charge fees in connection with the use of the Site or any portion of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that neither we nor any of our affiliates, including without limitation, Warner Music Group, Warner Bros. Records, Nonesuch Records, Maverick Records and Warner Bros. Records Nashville (collectively, "Affiliated Entities") shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.

Jurisdictional Issues. The Site is controlled and operated by Company from the United States, and is not intended to subject Company to the laws or jurisdiction of any state, country or territory other than that of the United States. Company does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Description of the Services. We provide users of the Site with access to certain content and services related Warner Bros. Records and its artists, which may include, without limitation, music, videos, chat, forums, bulletin boards, blogs, fan clubs, photographs, graphics, video games, images, text, data, user comments, opinions, postings, weekly alerts, messages and other similar content (such content and services, collectively, the "Services").

Information Submitted Through the Site. Your submission of information through the Site is governed by Company's Privacy Policy, which is located at [http://www.wbr.com/privacy-policy](the "Privacy Policy"). This Agreement incorporates by reference the terms and conditions of the Privacy Policy. You represent and warrant that any information you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site and/or any of the Services.
Rules of Conduct. While using the Site you will comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the following rules of conduct. You will not:

Post, transmit, or otherwise make available, through or in connection with the Site:
- Anything that is or may be (a) threatening, harassing, degrading or hateful; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent or otherwise objectionable; or (e) protected by copyright, trademark or other proprietary right without the express prior consent of the owner of such right.
- Any material that would give rise to criminal or civil liability or that encourages conduct that constitutes a criminal offense.
- Any virus, worm, Trojan horse or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of any hardware or software.
- Any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.
- Use the Site for any fraudulent or unlawful purpose.
- Harvest or collect personally identifiable information about other users of the Site.

Impersonate any person or entity, including any representative of Company or an Affiliated Entity; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement or posting you make.

Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.

Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site).

Use the Site to advertise or offer to sell or buy any goods or services without Company's express prior written consent.

Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.

Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.

Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.

Frame or mirror any part of the Site without Company's express prior written consent.

Create a database by systematically downloading and storing all or any Site content.

Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site, without Company's express prior, written consent.

Registration; User Names and Passwords. You may be required to register with Company in order to access certain Services or areas of the Site. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.

Your user name and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name, including without limitation all Transactions (as defined below). You agree to immediately notify Company of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you "log off"/exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

User Submissions. We and/or our third party service provider(s) may make available through the Site services (for example, message boards, chat functionality and blogs, among other services) to which you are able to post information and materials. For any information and/or materials you submit through such services, or otherwise to the Site (each, a "Submission"), you grant to Company, the Affiliated Entities and their designees a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, transmit, publicly display and publicly perform such Submission, in any media now known or hereafter developed, for Company's and the Affiliated Entities' business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law. For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations.
You acknowledge and agree that (a) we reserve the right (but have no obligation) to evaluate each Submission before allowing it to be posted on the Site; and (b) we may do one or all of the following, at our discretion: (i) monitor Submissions; (ii) alter, remove, or refuse to post or allow to be posted any Submission; and/or (iii)The Presets - This Boy's in Love disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Site; to protect Company, the Affiliated Entities, and their respective artists, sponsors, employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers and members, and the Site's users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose.

Information and content on the Site may be provided both by Company and by third party partners, advertisers or visitors to the Site. Please note that Site visitors may post messages or make statements on the Site that are inaccurate, misleading, deceptive, or that otherwise violate this Agreement. Company, the Affiliated Entities and their respective artists neither endorse nor are responsible for any opinion, advice, information, content or statements made on the Site by third parties. Without limitation, Company, the Affiliated Entities and their respective artists are not responsible for any information or materials made available through the Site (including without limitation errors or omissions in postings or links or images embedded in messages) or results obtained by using any such information or materials. Under no circumstances will Company, the Affiliated Entities or their respective artists, sponsors, employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or members, be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed on the Site reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of Company.
In addition, Company, the Affiliated Entities and their respective artists have no control over, and shall have no liability for, any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any part of the Site. If you choose to make any of your personally identifiable or other information publicly available ON THE SITE, you do so at your own risk.

Unsolicited Submissions. Neither Company nor any of the Affiliated Entities accepts, invites or considers unsolicited submissions of ideas, proposals or suggestions (collectively, "Unsolicited Submissions"), whether related to the Site, the Products, Company artists, or otherwise. If you do send us such Unsolicited Submissions, please be aware that such Unsolicited Submissions will not be treated as confidential and will become the sole property of Company and/or the Affiliated Entities without any compensation to you or to any other person. Company and the Affiliated Entities will have no obligations with respect to such Unsolicited Submissions and may use Unsolicited Submissions for any or no purpose whatsoever.

Products. All rights in any products available through the Site, such as music, ring tones, ring back tones, SMS tones, images (e.g., screen savers), video, artwork, text, software and other copyrightable materials (collectively, the "Products") are owned by Company, the Affiliated Entities or our licensors. Subject to your compliance with the terms and conditions of this Agreement and any other applicable terms and conditions imposed by us, the Affiliated Entities or our licensors, you have a limited, revocable right to use those Products you purchase or access through the Site solely for your personal, noncommercial use in accordance with the terms and conditions of this Agreement and any other terms and conditions that may apply to such Products, which right you cannot transfer to others. Any burning or exporting capabilities, if any, of any Product shall not constitute a grant or waiver of any rights of Company or any copyright or other rights owners in such Product, any other Product or any content, sound recording, underlying musical composition, artwork or other copyrightable matter embodied in or associated with such Product or any other Product. You understand that the Site and the Products include and/or rely on a security framework using technology that protects digital information and imposes usage rules established by Company, the Affiliated Entities and our licensors, and you hereby agree to abide by such usage rules, including those set forth in Section 12 below.

Purchases. If you wish to purchase any Product made available through the Site, (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number or other payment account number (for example, your wireless account number), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND HAVE THE LEGAL RIGHT TO USE ANY PAYMENT MEANS USED BY YOU TO INITIATE ANY TRANSACTION. By submitting such information, you grant Company the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Descriptions and images of, and references to, Products on the Site do not imply Company's endorsement of such Products. Company reserves the right, with or without prior notice, to change such descriptions, images, and references; to limit the available quantity of any Product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any Product. Price and availability of any Product offered through the Site are subject to change without notice. In the event that a Product is listed at an incorrect price or with other incorrect information, Company has the right to refuse or cancel any orders placed for such Product. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

All sales through the Site are final and all charges from those sales are nonrefundable, except as otherwise expressly set forth in this Agreement. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. We or our third party designees may automatically process charges against your selected payment method on the receipt page or when we provide you with a "Download Now" link. We or our third party designees will inform you if all or any portion of your order is canceled or if additional or different information is required to accept your order.

Product Delivery. Company reserves the right to change Product delivery options without notice. On occasion, technical and other problems may delay or prevent delivery of a particular Product. Your sole and exclusive remedy with respect to any Product that is not delivered within a reasonable period will be either replacement of such Product or a refund of the purchase price paid for such Product.

Usage Restrictions for Products. Except as otherwise expressly provided herein, you may not reproduce, publish, transmit, distribute, display, broadcast, re-broadcast, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, any of the Products or any related software. You may not reverse engineer, decompile, disassemble, modify or disable any Products or any copyright protection or use limitation systems associated with the Products. You may not play and then re-digitize any Products, or upload any Products or derivatives thereof to the Internet. You may not use the Products in conjunction with any other content, including without limitation, in conjunction with any other Products (e.g., to provide sound for video). You may not transfer, sell or offer to sell the Products, including, without limitation, posting any Product for auction on any Internet auction site or "trading" the Products for money, goods or services. You are not granted any commercial sale, resale, reproduction, distribution or promotional use rights for Products, including any rights for uses that require a synchronization or public performance license with respect to the underlying musical composition. The delivery of a Product does not transfer to you any commercial rights in the Product, nor does Company transfer to you any rights to use the Product for promotional or other marketing purposes. Additionally, the following usage restrictions apply based on the type of Product you are purchasing through the Site:

PRODUCT TYPE	TERMS OF USAGE
All Products	All Products you purchase on or through the Site are solely for your personal, non-commercial use.
Full Permanent Digital Audio Downloads	Personal Computers: You may not activate any purchased audio track on more than three (3) traditional personal computers. CD Burning: You may not make more than seven (7) burns of a particular playlist (such as an album) to a CD. Portable Devices: You may not transfer purchased audio tracks from personal computers to more than three (3) traditional portable devices (or to any cellular telephone or other device capable of cellular or WAP communication).
Full Permanent Digital Video Downloads	Personal Computers: You may not activate each purchased video on more than three (3) traditional personal computers. No DVD Burning: You may not burn to DVD any digital copy of a purchased video. Portable Devices: You may not transfer purchased videos from personal computers to more than three (3) traditional portable devices (or to any cellular telephone or other device capable of cellular or WAP communication).
Digital Video Rentals	Limited-time downloads or limited-access streaming to a personal computer or portable device, including mobile devices, is permitted for a period of 24 hours or such other limited time period as specified in the particular offering pursuant to which the rental occurs.
Digital Audio Subscription Services	If you subscribe to an audio or video streaming or downloading on-demand service through the Site, you must register at least one (1) traditional personal computer (or other device that supports an industry-standard security solution and through which you may access this Site) and no more than three (3) traditional personal computers for the portion of the service (if any) that includes streaming and downloading on demand on a subscription basis. If the applicable subscription service you subscribe to provides for streaming and downloading on demand for access on portable devices, you may register up to three (3) additional portable devices (expressly excluding any cellular telephone or other device capable of cellular or WAP communication). You may access subscription services only through a registered device and only after providing a valid and unique "user name" and "password". Company reserves the right to authenticate any registered device as belonging to you prior to allowing you to download or stream any audio or video content to such registered device on a subscription basis.
Other	Any other types of digital products sold or offered on or in connection with this Site are subject to the terms set forth in the specific offering pursuant to which the sale or other type of offering occurs. In the event of a conflict between these Terms of Usage and the terms and conditions set forth in such specific offering, the terms of the specific offering shall govern.

Product Requirements; Compatibility. You acknowledge that use of our Products requires other hardware and software tools (e.g., in the case of full permanent audio downloads, for making copies of Products on physical media and rendering performance of Products on authorized digital player devices), and that such hardware and software, including, without limitation, all charges therefor, are your sole responsibility. Company, the Affiliated Entities, and their respective artists shall not be responsible or liable for the loss, destruction, or damage of any Product. Company reserves the right to change at any time, with or without prior notice to you, the software or hardware required to download, transfer, copy and/or use or limit the use of any Products.

COMPANY MAKES NO WARRANTY THAT ANY PARTICULAR SOFTWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM WILL BE COMPATIBLE WITH THE PRODUCTS OR THE SITE, OR THAT ANY SOFTWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM USING THE SERVICE WILL FUNCTION IN ANY MANNER. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR SOFTWARE, EQUIPMENT AND OTHER DEVICES AND SYSTEM(S) WILL FUNCTION CORRECTLY WITH THE PRODUCTS AND THE SITE.

Rules for Promotions. Any sweepstakes, contests, raffles or other promotions (collectively, "Promotions") made available through the Site may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. Company urges you to review any applicable rules (any such rules will be linked from the particular Promotion), and to review our Privacy Policy which, in addition to this Agreement, governs any information you submit in connection with such Promotions. To the extent that the terms and conditions of such rules conflict with the terms and conditions of this Agreement, the terms and conditions of such rules shall control.

Company's Proprietary Rights. The information and materials made available through the Site, including the Services, are and shall remain the property of Company and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Except as expressly authorized in advance by Company, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Site or any materials made available through the Site.
Trade names, trademarks and service marks of Company include without limitation, Warner Music Group, Warner Music, Inc, WARNER BROS. RECORDS, REPRISE RECORDS, SIRE RECORDS, NONESUCH RECORDS and any associated logos. All trademarks and service marks on the Site not owned by Company are the property of their respective owners. The trade names, trademarks and service marks owned by Company, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Company trade names, trademarks or service marks without our express prior written consent.

PLEASE NOTE THAT UNAUTHORIZED USE OF ANY SERVICE OR PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE USED BY THE SERVICES, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, (INCLUDING, WITHOUT LIMITATION, POSSIBLE MONETARY DAMAGES), INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.

Links. The Site may provide links to other web sites and online resources. Because Company has no control over such sites and resources, you acknowledge and agree that neither Company nor the Affiliated Entities are responsible for the availability of such external sites or resources, and Company nor the Affiliated Entities neither endorse nor are responsible or liable for any content, advertising, products or other materials on or available through such sites or resources. Other web sites may provide links to the Site with or without our authorization. You acknowledge and agree that Company and the Affiliated Entities do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

Company shall have the right, at any time and in its sole discretion, to block links to or from the Site through technological or other means without prior notice.

Limitations of Liability and Disclaimer of Warranties. THE SITE AND ANY GOODS OR SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. COMPANY, THE AFFILIATED ENTITIES, AND THEIR RESPECTIVEARTISTS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY PRODUCT OR SERVICE (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.

NEITHER COMPANY, ANY AFFILIATED ENTITY, NOR THEIR RESPECTIVE ARTISTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER COMPANY, ANY AFFILIATED ENTITY, NOR THEIR RESPECTIVE ARTISTS WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT POSTED ON THE SITE BY COMPANY OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF Company FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO Company TO ACCESS AND USE THE SITE.
While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alteration to the Site, contact us at ask@warnerbrosrecords.com with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.

Indemnity. You agree to defend, indemnify and hold harmless Company and the Affiliated Entities and their respective artists, sponsors, employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers and members, from and against all claims, losses, costs and expenses (including attorneys fees) arising out of (a) your use of, or activities in connection with, the Site; or (b) any violation of this Agreement by you.

Termination. This Agreement is effective until terminated. Company, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, you shall not be permitted to use the Site and, for the avoidance of doubt, you shall not have the right to sue or otherwise bring claims against Company, the Affiliated Entities, or their respective artists in respect of such termination. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Company may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Company, the Affiliated Entities, and their respective artists shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.

Enforcement. Company reserves the right to takes steps that Company believes are necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including, without limitation, Company's right to cooperate with any legal process relating to your use of the Site and/or Products, and/or a third party claim that your use of the Site and/or Products is unlawful and/or infringes such third party's rights).

Governing Law; Jurisdiction. This Agreement is governed by and shall be construed in accordance with the laws of the State of New York, U.S.A., without regards to its principles of conflicts of law. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods. You agree to exclusive jurisdiction by the federal and state courts located in New York, New York, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.

You understand and agree that any unauthorized use of the Site, the Products, or any related software or materials, would result in irreparable injury to Company, the Affiliated Entities, their respective artists and/or our licensors for which money damages would be inadequate, and in such event Company, the Affiliated Entities, their respective artists and/or our licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this section or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that Company, the Affiliated Entities and/or our licensors may have under separate legal authority, including, without limitation, any claim for intellectual property infringement.

Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at:

http://dir.yahoo.com/Business_and_Economy/Shopping_and_Services/Communication_and_Information_Management/ Internet_and_World_Wide_Web/Software/Blocking_and_Filtering/.

Please note that Company does not endorse any of the products or services listed at such site.

Information or Complaints. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to ask@warnerbrosrecords.com. You may also contact us by writing to 3300 Warner Blvd, Burbank, CA 91505, or by calling us at 818-846-9090. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Company a notice requesting that Company remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to:

Silda Palerm

75 Rockefeller Plaza

New York, NY 10019

Telephone Number: (212) 275-4798

Fax Number: (212) 956-0529

Email: dmcaagent@wmg.com

We suggest that you consult your legal advisor before filing a notice or counter-notice.

Contact Us. If you have any questions regarding the meaning or application of this Agreement, please direct such questions to ask@warnerbrosrecords.com. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.

Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in Company's discretion. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for failures to fulfill any obligations due to causes beyond its control. Company obtains permission from record companies and other content owners to make their musical and other content available to you through the Site. You agree that the content owners that license or otherwise make their musical and other content available to Company in connection with the Site (including, without limitation, as Products) are third-party beneficiaries under this Agreement with the right to enforce the provisions of this Agreement that directly concern their content.

All materials © 2001-2007 Warner Bros. Records unless otherwise noted. All rights reserved.