WARNER MUSIC UK LIMITED - TERMS AND CONDITIONS

Who We Are

Company Details

Warner Music UK Limited (a subsidiary of Warner Music Group Corp.)
Seventh Floor
90 High Holborn
LONDON
WC1V 6XX
Registered number: 00680511

Contact address:
Rhino.co.uk
28 Kensington Church Street
London
W8 4EP

General Terms and Conditions of Use

Please read these Terms and Conditions carefully.

These Terms and Conditions govern your relationship with Warner Music UK Limited ("Warner", "we", "our", "us") when you use our online or wireless services (the "Services"), including the services on this website (the "Site"). Unless otherwise stated, the services available on this Site are provided to you by Warner.

By accessing or using this Site, you accept and agree to these Terms and Conditions (which include our Privacy Policy) and you agree that your use of this Site, including any transaction you make, is subject to these Terms and Conditions. If you do not agree to all of these Terms and Conditions, you may not use this Site.

If you have any questions about these Terms and Conditions please contact us at the following address:

Business Affairs (Ref: Rhino.co.uk)
Warner Music UK Limited
The Warner Building
28a Kensington Church Street
London
W8 4EP

Changes to these Terms and Conditions

We may make changes to these Terms and Conditions from time to time, which will be effective when posted on this Site. We may not notify you directly/personally of changes to the Terms and Conditions and so we encourage you to check the Site regularly for any updates. Your continued use of this Site following the posting of changes will mean you accept those changes.

Site Content

The Services, this Site and all material on this Site, including, but not limited to, text, graphics, photos, logos, button icons, images, music, audio and audio visual clips, digital downloads, databases, data compilations, data and software ("Content") are owned, controlled by or licensed to Warner, its affiliates, licensors and/or licensees. All rights in the Content are the sole and exclusive property of Warner or such affiliates, licensors and/or licensees.

Unless otherwise expressly specified, this Site, the Services and Content are for your sole personal and non-commercial use only and you may not copy (including by burning to physical media and by so called 'stream ripping'), transfer or make available for transfer to any other device (including to a personal portable device, memory stick or other data storage device) or to any other person, or otherwise reproduce or modify any part of the Site, the Services, the Content or their source HTML code in any form or by any means (electronic, mechanical or otherwise).

Objectionable Material

Whilst using the Services you may encounter Content that you find objectionable or offensive, which may or may not be identified as being of an explicit nature. You agree to use the Services at your own risk and we will have no liability to you for such Content. If you find any Content objectionable or offensive, please contact us, using the address set out above under the heading General Terms and Conditions of Use.

System Requirements

The Services require a compatible device, internet or mobile access and (in some cases) particular software. These system requirements and any applicable fees are your responsibility. Please note that the Services may be affected by the performance of your hardware, software and internet access.

Your Use of our Site

You may not:

• restrict or inhibit any other user from using and enjoying this Site or the Services;
• act in any way that would damage, disable, overburden, or impair this Site or the Services or constitute or encourage conduct that would constitute a criminal offence or give rise to civil liability;
• upload, post or transmit to, or distribute or otherwise publish through, this Site any materials that contain a virus or other harmful component, or false or misleading indications of origin or statements of fact, or any material that is indecent, defamatory or use of which may be in breach of any third party's rights;
• impersonate any person or entity or misrepresent your affiliation with any other person or entity;
• exploit any information or other material obtained on or through this Site for commercial purposes;
• engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping," "database scraping", or any other activity with the purpose of obtaining lists of users or other information (including any activity which involves accessing or using Warner cookies for purposes which are unrelated to the Services);
• attempt to gain unauthorised access to other computer systems through this Site;
• obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Site; or
• reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of or access to this Site or the Services.

Termination

We may, in our sole discretion, terminate your password, account (or any part thereof) or use of this Site without notice if you are in breach of these Terms and Conditions or if we believe in our absolute discretion that your User Content or your use of the Service or the Software is unsuitable.

Termination, suspension or cancellation of your access rights shall not affect any other right or relief to which we may be entitled, at law or in equity.

Upon termination, all rights granted to you under these Terms and Conditions will automatically terminate and immediately revert to us and our licensors (save for any continuing rights which you may have in connection with products which you have purchased from this Site).

Registration and Passwords

If a particular Service requires you to register with the Site or set up an account, you will need to complete a registration process by providing certain information (including your name, email address and, in some cases, payment details) and registering a username and password for use in connection with that Service. You agree that you will provide truthful and accurate information when registering or opening an account. The decision to register a password is in our discretion and we may revoke your password at any time.

You are responsible for maintaining the confidentiality of the password and your account information, and you are solely responsible for all activities that occur under your password or account and for any access to or use of this Site by you or any person or entity using your password, whether or not such access or use has been authorised by you, and whether or not such person or entity is your employee or agent.

You must immediately notify us of any unauthorised use of your password or account or any other breach of security.

We will not be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password contrary to these Terms and Conditions. You may not use another person's account at any time without the express permission of the account holder.

Please see our Privacy Policy for further explanation as to how we use the information we collect from you.

Making an Order

To order a product, click the 'Add' icon on screen. This will add the item to your 'shopping basket'. You can remove items from your basket at any time by clicking the (x) icon. When you are ready to purchase, view your shopping basket and click the 'proceed' icon. You will be asked to provide information, including your billing and delivery addresses and your payment card details. After you click 'proceed' again you will be shown a summary of your order. Please check carefully that the order details are correct. Once you click "submit order" your payment card details will be submitted to our payment services provider.

Your order represents an offer to us to purchase an item which will only become binding on acceptance by us as follows (i) by us sending you an email or other written communication confirming acceptance or that the ordered product is available; or, if earlier, (ii) by us delivering the product to you. Please note that you may receive an automatic email confirming your order. This does not amount to acceptance, unless otherwise expressly stated. We may reject your order for any reason prior to acceptance. If we reject your order after payment has already been taken, we will provide you with a refund.

Payment

We can accept only payment by the methods shown on Site at the time you place your order. Prices appear on the Site and are inclusive of VAT unless otherwise stated. We may change the prices at any time by posting new prices on the Site.

By paying using your credit or debit card you confirm that the card is yours and that there are sufficient funds or credit available to cover the charges. The purchase will appear on your credit card or bank statement under one of the following merchant names: Rhino UK, Warner Music International, Warner Music UK

Payment Security

We use encryption technologies to protect the security of your payment details and log in information whilst we process your order.

Cancellation

You may cancel your order for a product at any time until seven working days after receipt by emailing us at the following address: RhinoUKcustomerservices@emerymailorder.com. If you cancel your order, you must return the product to us at your cost at the address we specify to you following cancellation, unused, and in its original state, in which case we will refund the purchase price. You may not cancel an order for audio or video recordings or software after those products have been unsealed.

Technical Problems

Occasionally, technical problems may delay or prevent delivery of a purchased product. In those circumstances, your sole remedy will be either a replacement product or a refund, as determined by us. Your statutory rights are not affected.

We will not be liable to you for failures, defects or delays in delivery caused by:

• Your provision of incorrect information;
• Your computer failing to meet the minimum technical requirements for the Service;
• Your failure to comply with instructions for use of the Service; or
• An event which is outside of our reasonable control.

Mobile and Other Third Party Stores

The Mobile section of the Site may allow you to purchase various mobile products, including ring tones. Those mobile products are provided via a third party content supplier. When you buy a product from that supplier, or any other third party content supplier, via a link from our Site, you may be contracting directly with that supplier, in which case you will be subject to the terms and conditions as notified to you by the relevant third party in respect of your dealings with them. You will remain bound by these Terms and Conditions to the extent that they are applicable.

Competitions

We may from time to time promote competitions on the Site. The terms and conditions applicable to any competition will be posted separately on the Site at the relevant time and will form part of these Terms and Conditions.

Miscellaneous

Disclaimer

Through this Site, you will be provided with services that may include information, editorial content, links to other web sites and other services and content that Warner may decide to offer, subject to the terms hereof. Warner may, in its sole discretion, discontinue or alter all or any aspect of the Site or Services, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Services for certain platforms (i.e., computer types and operating systems), (iii) restricting the amount of use permitted, and (iv) restricting or terminating your right to use all or part of the Services, at any time in our sole discretion and without prior notice or liability.

Warner intends to provide as part of the Services the most current information available and Warner will make reasonable efforts to ensure that the information is updated on a regular basis. However, we make no guarantee whatsoever that the information posted is accurate or timely.

The Site provides links to web sites maintained by third parties ("Third Party Sites") and we may from time to time provide third party materials on this Site. Neither Warner, its parent or subsidiary companies nor their respective affiliates or suppliers operate or control in any respect any information, products or services on these third party sites. THE SERVICES, MATERIALS AND PRODUCTS AVAILABLE ON OR THROUGH THIS SITE AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND, SAVE TO THE EXTENT PROHIBITED BY APPLIABLE LAW, (I) WARNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; (II) WARNER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THIS SITE GENERALLY, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (III) WARNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THIS SITE OR IN THIRD PARTY SITES, INCLUDING WITHOUT LIMITATION, IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE.

You assume all risk of errors and/or omissions in this Site, including the transmission or translation of information.

You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of this Site, including the information offered by you, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information, provided hereunder.

You acknowledge and agree that your use of this Site, and any information sent or received in connection therewith, may not be secure and may be intercepted by unauthorised parties.

You assume responsibility for the entire cost of all maintenance, repair or correction to your computer system or other property.

Limitation of Liability

IN NO EVENT SHALL WARNER OR ANY OTHER WARNER MUSIC GROUP COMPANY OR ANY OF OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSSES OR FOR EXEMPLARY DAMAGES OR FOR ANY DIRECT OR INDIRECT LOSS OF PROFITS, GOODWILL, USE OR DATA, INCLUDING WITHOUT LIMITATION ANY SUCH LOSS OR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS SITE AND/OR THE PRODUCTS AND SERVICES MADE AVAILABLE VIA THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF WE OR ANY WARNER MUSIC GROUP COMPANY OR ANY SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY LOSSES, DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF ANY SERVICE OR INFORMATION ON OR CONNECTED WITH THE SITE.

Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES. IF THIS APPLIES IN YOUR JURISDICTION, THE RELEVANT EXCLUSIONS AND/OR LIMITATIONS WILL NOT APPLY AND THE ABOVE SECTIONS SHALL BE DEEMED AMENDED SOLELY TO THE EXTENT NECESSARY TO DISAPPLY THOSE EXCLUSIONS AND/OR LIMITATIONS. NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OF WARNER OR FOR FRAUDULENT MISREPRESENTATION.

Indemnity

You agree to defend, indemnify and hold harmless Warner and all Warner Music Group companies and their respective directors, officers, employees and agents, as well as their licensors and suppliers (the "Indemnified Parties"), from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of:

• any misrepresentation, act or omission made by you in connection with your use of this Site;
• any non-compliance by you with these Terms and Conditions; or
• claims brought by third parties arising from or related to your access or use of this Site, including without limitation any claims relating to User Content.

Miscellaneous

By signing up to become a registered user of Rhino.co.uk you are agreeing to receive information, in the form of weekly newsletters or monthly emails, about Rhino.co.uk and the Warner Music Group.

You acknowledge and agree that the warranties, disclaimers and limitations in these Terms and Conditions are material terms and that they have been taken into account in the decision by Warner to provide this Site and Services hereunder.

You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of Warner. Any such assignment shall be invalid without such consent.

You agree that you will, at our request, perform all acts and execute all documents as may be required to give effect to these Terms and Conditions.

If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions, shall be enforced to the fullest extent allowed by law so as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions.

These Terms and Conditions and any posted operating rules constitute our entire agreement with you with respect to your use of the Site and the Services, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between us with respect to such use.

The rights and remedies provided in these Terms and Conditions are cumulative and are not exclusive of any rights and remedies provided by law or otherwise.

No failure or delay by either of us in exercising any right, power or privilege under these Terms and Conditions shall operate as a waiver of that right, power or privilege and no single or partial exercise by either you or Warner of any right, power or privilege shall preclude any further exercise of that right, power or privilege or the exercise of any other right, power or privilege.

No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party.

The headings used in these Terms and Conditions are used for convenience only and are not to be considered in construing or interpreting these Terms and Conditions.

Neither of us intends that any term of these Terms and Conditions shall be enforceable solely by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to these Terms except any of the Indemnified Parties.

Nothing in these Terms and Conditions shall be construed as constituting a partnership or joint venture between you and Warner and neither of us shall be or hold itself out to be the agent of the other.

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. You hereby agree to the non-exclusive jurisdiction of the Courts of England and Wales regarding any and all disputes relating to or arising from these terms and conditions or your use of this Site or the Services.

Contacting Us

If you have any queries about these Terms and Conditions, this Site or any of our Services please contact us at the address using the address set out above under the heading General Terms and Conditions of Use.

©Warner Music UK Limited 2008

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